"software patent" entries
Software patents, in particular, have become little more than the re-enshrinement of the rentier in law.
When I was about 16, I went to visit my grandfather in Denver, where he’d decided to retire. He moved there after spending 30 years in Midland, Michigan working for Dow Chemical. I guess he went west for the dry air. I don’t know if it was good for his lungs, but it sure didn’t go well with wool carpet. I shocked myself every time I touched something. Sometimes the spark would arc three inches from my finger tip to a door knob. There would be a visible flash and pop, and then a reflexive jump. It was a bit terrifying after a while. My grandfather, being an engineer, had figured a simple solution to that problem: he just touched every door knob with his key to ground himself before he opened it. It worked fine, but I didn’t remember to do it. Not once. But that’s not the point of this post.
One evening, we got to talking about his work at Dow and he showed me his patents. He was proud to show them to me, and I was proud of him. The fact that he had all those patents struck me as a testament to his ingenuity. He was smart, and the U.S. Government was acknowledging it in a most formal way.
Most of his patents were about some chemical process or another, but one of them caught my imagination as particularly cool. He realized that the heat coming off of the leading edge of a high-speed aircraft could be used to pre-catalyze jet fuel. I loved airplanes (back then, I still wanted to fly jets), it seemed smart, and I think I just liked the cartoony nature of the drawing in the patent.
He worked for Dow, so naturally all of his work was assigned to the company. And really, that seemed fine to him, and to me. After all, to him that patent was probably less about the temporary grant of government-sponsored monopoly and more about the USPTO’s recognition of his intellect put to paper. It would have been nice for him if Dow had sold his invention to Boeing for lots of money, but it was sort of orthogonal to the intrinsic incentive framework he was working from.
As odd as this mindset seems to me now, it was a mindset I adopted explicitly at the time, and held onto implicitly for a long time after. That evening must have been important to me because I resolved then to patent some of my ideas some day. Years later in my career, when I was working for a small consulting firm, I started making patent applications with my colleagues. Read more…