Patent Law Practice Center

Why Open Source Stalls Innovation and Patents Advance It

Written by Gene Quinn (IPWatchdog and Practice Center Contributor)

Over the last couple weeks I have been giving more thought to open source software and what, if any role it has to play with respect to the economic future of both start-up companies and established giants.

My belief is that open source can and should play a vital role in innovation, but the way it is by and large carried forward today does little to forward innovation and an awful lot to significantly disadvantage start-up companies.  The horribly bad advice that pervades the open source community and the utter lack of knowledge or familiarity about patent law is staggering.  I don’t begrudge anyone who doesn’t like the patent system, but can you please at least not like it for a valid reason?  With the myths and disinformation spewed by those who are either clueless and loud, or those who know better and have an agenda, are drowning out rational debate and significantly impeding progress and innovation.

Just the other day I received an e-mail from an individual asking a few questions about my opinions and views of open source software. I had been planing on writing about this for a while, and this is what prompted me to stop thinking and start writing. (more…)