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The patent system may even have adverse effects on innovation, because, while the most important input into any research is prior ideas, the patent system encourages secrecy.
For example, despite widespread violent crime, Mexico and South Africa have high levels of innovation (measured by patent filing and trademark registration).
The patent system was notoriously expensive and inaccessible.
With new patent laws coming into place, India will have the same attraction for the pharmaceutical industry as it has for IT, providing clinical trials for new drugs at a quarter of the cost of Europe or the US.
As so often the case, there is no patent medicine against this syndrome.
Twenty years later the benefits are patent but it took a long time to get there despite the fact that much of what was done was right from the start.
Such explanations included government intervention or a new sort of industrial organization, and unfair patent infringements by the new producers who copied products and then blocked off their own markets from import competition.
Developments that are fundamental to European competitiveness, like an EU-wide patent, have proved impossible to achieve.
But until recently, patent law was based on a rather narrow definition of creativity, usually the kind embodied in the invention of devices or industrial processes.
The turning point in the US came in 1998, when a federal court decision upheld a patent on an accounting system, which launched a flood of business-method patents--over a thousand a year in 1999 and 2000.
The harm of inadequate patent protection in the financial world before 1998 was clear.
The recent expansion of patent protection is designed to prevent these problems and to bring a faster pace of innovation.
Of course, there are downsides to patent law expansion, prime among them the increased incidence and cost of litigation.
That is because we have created a patent system that gives innovators a temporary monopoly over what they create, which encourages them to hoard their knowledge, lest they help a competitor.
Given the benefits of preventive care, the test has become highly controversial, because its manufacturer, Myriad Genetics, holds a genetic patent that gives it a monopoly - and huge profits - on all testing.
Lastly, some argue that if farmers are permitted to sow GM varieties, they become dependent on large seed producers such as Monsanto, which have patent protection - and thus a monopoly - on the seed.
Those who oppose genetic patents claim that they also deny US constitutional rights, making this the first time a genetic patent has been challenged on human rights grounds.
One human gene out of approximately every five is now the subject of a patent, the majority of which are held by private firms.
Myriad Genetics also has tried to pursue patent rights in Europe, but there its claims have been largely rejected.
Although the gene's function in causing breast and ovarian cancer was uncovered by Cancer Research UK in 1995, Myriad, along with nearly 30 other defendants, argues that the patent is a necessary reward for its research costs.
In fact, without patent protections, the firm and its allies claim, medical research would shudder to a halt.
In 2013, for example, resident inventors in Germany filed some 917 patent applications for every million inhabitants.
Almost immediately, China became the world's top patent filer.
There was patent gloating about the German defeat everywhere, only thinly disguised behind strained expressions of solidarity.
Resident inventors in Greece, by contrast, filed just 69 patent applications for every million.
Today, many in the computer industry worry that such a patent thicket may impede software development.

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