Question

Article 8 of the US Consitution empowers Congress, in part, "To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries."

In several paragraphs, discuss whether in your view the patent & copyright system in the United States is perfect as it is, or if it should be modified, and in what way. Please justify your response with evidence from an academic-level outside source.

Answer 1

Patent and copyright system is perfect in particular instances as it gives innovators a chance to earn a living and gives them an impetus to find ways to create new ideas and solutions for problems. There are several positive aspects such as people earn a guaranteed income source and are ensured by the state for their hardwork. Knowing that they will be rewarded, companies focus on research and development which puts a country in the forefront of innovation and increases the global landscape of being ahead of the curve.

There are minute negative aspects about the patent industry as well, in a way, there is reduced competition in the ecosystem because of higher technology retention, firms slacken up with the advantage and new industries can't make use of such products and sell them because of patents. For example in the medicine category, people who can't afford the drug, don't get access to the drug and therefore there is loss of lives because of imposition of such patents. There has to be a certain exception with regards to the medical sector with lower duration of patents and exceptions in developing countries for drug manufacturing. Or governments can pay a certain amount of the drug price and subsidise it at a lower rate.

Thus all in all yes patents are promoting innovation and goodwill, but anything too much in excess, erodes the authenticity, which is why certain exceptions should be provided to deal with extraneous circumstances and make the system humane in a way.

Source: Journal of academic research, Intellectual property, copyright, and fair use in education.