The patent system is one of the two laws still in existence that since its creation during the 17th century, it still have not been updated to even 19th century government procedural style.
Around the 17th and early 18th century, laws was made to be simple. Process required to be made simple. If you stole a horse, you got the same jail time as every other horse thieves. Taxes was the exact same as for everyone (at least for the poor), and there was no books after books with exceptions, rules, and additional judgement calls needed to be made. Everything everyone needed to know about the government could be read in a rather tiny book, written almost like a novel.
But by the late 18th century, governments changed in a radical way in how it worked. Laws got complex. procedures was created to have someone who made a judgement call on goverment actions on however something benefited society or if it did more harm than good. They started to do cost-benefit analysis. One by one, all but two areas (copyright and patent), was changed in how they was issues, and how to balance the public good vs desired benefits.
But giving people 20 years government enforced monopolies has so far evaded any form of cost-benefit evaluations. In contrast, it has just been expanded to cover more and more, for a longer time, and for less money.
Destroying the patent system completely would force a cost-benefit analysis on the whole system of patents and how to maximalistly create incentives for inventions, without costing society more than it gets. Given that its the government that pay's for and enforces said monopolies, one might consider a cost-benefit analysis on the whole system a something that it should do.
Around the 17th and early 18th century, laws was made to be simple. Process required to be made simple. If you stole a horse, you got the same jail time as every other horse thieves. Taxes was the exact same as for everyone (at least for the poor), and there was no books after books with exceptions, rules, and additional judgement calls needed to be made. Everything everyone needed to know about the government could be read in a rather tiny book, written almost like a novel.
But by the late 18th century, governments changed in a radical way in how it worked. Laws got complex. procedures was created to have someone who made a judgement call on goverment actions on however something benefited society or if it did more harm than good. They started to do cost-benefit analysis. One by one, all but two areas (copyright and patent), was changed in how they was issues, and how to balance the public good vs desired benefits.
But giving people 20 years government enforced monopolies has so far evaded any form of cost-benefit evaluations. In contrast, it has just been expanded to cover more and more, for a longer time, and for less money.
Destroying the patent system completely would force a cost-benefit analysis on the whole system of patents and how to maximalistly create incentives for inventions, without costing society more than it gets. Given that its the government that pay's for and enforces said monopolies, one might consider a cost-benefit analysis on the whole system a something that it should do.