Re: [ccp4bb]: What has been will be again,what has been done will be

[Randy Read <rjr27@cam.ac.uk>]

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On Thursday 20 March 2003 12:26, Kevin Cowtan wrote:
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> What I find worrying is that those of us who are committed to the
> scientific method and refuse to have our work patented may eventually be
> forced out of science.
>
> If other build on our work, but patent theirs so we cannot in turn build
> further, then we are eventually excluded from the field.
>
> The easy thing is to give in and join the patent rat race. The hard thing
> is to make the stand.
>
> But I would encourage everyone to make that stand. We can start be
> including an intellectual propert statement in every publication, stating
> that we have not applied for and do not intend to apply for any patents on
> the work in the paper.
>
> Eventually, if the situation deteriorates, we might consider asking
> journals not to publish patented material. Such publication is redundent,
> since (a) the patent is a sufficient form of publication in itself, and (b)
> the material is of no use to the borader community anyway.
>
> The ideas in Buccaneer and Pirate are patentable (although still
> insufficiently tested for publication), but will not be patented.

I agree with Kevin that it is bad for science if tools for research are 
patented.  But the argument breaks down for developments that could lead to 
physical products (without requiring further patentable innovation).  No-one 
is going to develop and market a product without some initial protection for 
their investment, so a development that could lead to public good could be 
stillborn if the underlying ideas were rendered unpatentable by publication.  
Patents were invented as much for the public good as for the good of 
inventors.  So patents aren't evil, but the granting of inappropriate patents 
is.

-- 

Randy J. Read
Department of Haematology, University of Cambridge
Cambridge Institute for Medical Research      Tel: + 44 1223 336500
Wellcome Trust/MRC Building                   Fax: + 44 1223 336827
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Cambridge CB2 2XY, U.K.                       www-structmed.cimr.cam.ac.uk