cloa513, on 2017-December-29, 04:08, said:
Governments don't enforce patent law- companies have to do it themselves. Patent law is the biggest scam ever- you have to publish and then defend the result of the information you put and then there foreign with dodgy patent laws like China. There is few problems with the plan- government has to choose which medicine actually works. The plan costs taxpayers - not everyone wins.
Patent law is enforced by the courts -- that's the government. But like any other civil action, the plaintiff has to sue and prove their case. That could be expensive and time-consuming, but so are most other lawsuits. I guess what you meant is that governments don't investigate and prosecute patent infringement on behalf of the plaintiff (in contrast, copyright infringement can be a criminal act) -- they only rule on them and impose/enforce the awards.
Patents are a tradeoff. You can try to keep your invention a secret, but then if someone reverse-engineers it or invents it independently, you can't do anything about their competition. Or you can publish it and gain a temporary monopoly. The patent is also an asset that can be used to make money separate from the revenue of the invention itself, since you can license it to others. It might not make sense to do this with the patent for your main bread-winner, since it could allow competitors to undercut you (e.g. in the above pharma example, someone else could sell the drug for $100, and then no one will buy your $1000 drugs). But if you idle patents you're not using, licensing them is a way to make back the costs of the R&D and gain ongoing revenue, and improve the state of the world -- win-win. Many big companies also engage in broad cross-licensing agreements -- they avoid the costs of defending patents and gain access to each others' inventions, another win-win.
Is patenting perfect? Of course not, but what is? There are plenty of ridiculous patents, but they're really outliers. And licensing has resulted in patent trolls, organizations that do nothing but acquire patents so that they can license them at exorbitant rate and then sue people who aren't willing to pony up.
Regarding regulation of pharmaceuticals, it's quite possible that the US goes too far. The FDA seems to be more rigid than most other countries' regulations, and we don't generally allow consumers the choice to import drugs from less restrictive countries. But a pure free market is what allowed snake oil salesmen in the 19th century -- do you really want
caveat emptor to be the rule for something so important? And even ignoring out-and-out fraud like snake oil, how can a free market protect consumers from drugs with severe side effects? It's well known that businesses will sell products that they know are dangerous, if the costs of fines for injury are less than the profits they make from the rest (there's even insurance available for it). Eventually the market may realize that the product is no good, but in the mean time thousands of people may have been injured or killed. How does that fit in with your libertarian ideals?