Is the Patent System Biblical?

Photo from here.

In the U.S. patent system, when someone comes up with an invention, they may file for a patent. If a patent is granted, the civil government gives the inventor the right to a monopoly on the production of their idea for twenty years. If someone infringes on the patent, the inventor can sue them. That's not too precise, but you get the idea.

Those in favor of the patent system say that inventors need to protect their ideas (what they call "intellectual property") from other people who could steal them. Additionally, they say that patents encourage innovation.

Before I address the patent system, let me note that the Bible is clear: people do have property rights, and stealing is wrong. It also shows that when thieves steal, there should be restitution.

However, I do not believe the patent system is biblical. Why? That's what I discuss below:

First and foremost, nobody can own an idea in the sense that they have exclusive rights to it. God may give someone a great idea and even if they share it with everyone, they still possess the idea; they've not lost it. If they instead keep the idea secret, it's entirely possible that someone else could come up with the same idea.

This brings an interesting scenario: Let's say a guy called Fenton comes up with an idea for a new mousetrap. He starts selling them. Imagine that a few days later, a fellow named Chet independently comes up with the exact same idea and starts selling the mousetraps too. Has Chet stolen anything? Obviously not.

What if Chet saw one of Fenton's mousetraps and then started producing them: Is that stealing? Nope, it's good business. If an entrepreneur sees that there's a demand for a product and the current suppliers of that product aren't producing enough, are expensive, or have a product that could be improved, that simply means there's a good opportunity. If the entrepreneur acts on the opportunity, there will be competition between him and the original producers, but that's good: It causes suppliers to work hard to improve, which benefits consumers.

A few other questions and notes:

• Why 20 years? That's arbitrary.
• Who decides how novel something needs to be? That's arbitrary.
• Why does the patent system constantly change? (Because it's arbitrary.)
• Why can patents be issued (usually years after an application) and then rescinded?
• Why is it that someone will not be granted a patent if they make their idea public before filing?
• Patents are expensive.
• Patent litigation is expensive, time-consuming, and usually favors the rich, from what I've heard.
• The vast majority of products that are patented do not bring in enough profit to justify the patent monetarily.
• Being the first to market is in itself a huge benefit.
• Patents suppress innovation because they leave landmines for competitors who would otherwise improve a product.
• Patent attorneys typically sell via fear: "Protect your idea from being stolen."
• From what I have heard, the majority of inventors do not have favorable experiences with the patent system. For example: https://www.tesla.com/blog/all-our-patent-are-belong-you

If an inventor brings a product to market without a patent:

1. They encourage biblical freedom, not government tyranny.
2. They gain a first to market advantage.
3. They save money.
4. They save time.
5. They benefit others and encourage innovation.

What about licensing? (This is when someone with an idea doesn't want to bring a product to market but instead partners with a company by "giving" them the right to produce a product in exchange for some of the profits.) My answer: If someone has a great idea, they could seek a trustworthy partner/company and sign an agreement stating that the company will reward the inventor if the company acts on the idea presented by the inventor. This is the same thing that happens in a typical licensing agreement, except that no patent is necessary.

Final thoughts: Patents are sought in the hopes of financial benefits. But this is done by suppressing competition. It's like pushing others down in order to keep yourself ahead. A much more positive way for an inventor to be benefited financially is to seek to improve himself. Following God's law is always best. Praise be to His Name!