Criticism

There are many critics and criticisms of patents and this has resulted in the formation of a large number of groups who oppose patents in general, or specific types of patents, and who lobby for their abolishment.

One criticism is that a patent confers a "negative right" upon a patent owner, permitting them to exclude competitors from using or exploiting the invention, even if the competitor subsequently develops the same invention independently. This may be subsequent to the date of invention, or to the priority date, depending upon the relevant patent law.

Another criticism is that monopolies create inefficiency. If the grant of a patent is the grant of a monopoly, the patent system may stifle competition and result in higher prices, lower quality, and shortages.

It has also been suggested that market incentives alone would be sufficient to promote innovation in the absence of patents such that patent are unnecessary.

Another theoretical problem with patent rights was proposed by law professors Michael Heller and Rebecca Eisenberg in a 1998 Science article. Building from Heller's theory of the tragedy of the anticommons, the professors postulated that intellectual property rights may become so widely fragmented that, effectively, no one can take advantage of them as to do so would require an agreement between the owners of all of the fragments.

Since at least the early 1980s, patent offices around the world have accepted that computer programs can lie within the realm of patentable subject matter, although the regulations for when a computer program is a patentable invention differ markedly between countries. It is argued that the resulting software patents inhibit innovation in contrast to the underlying purpose of patents.

In response to perceived problems with the grant of patents, and the evolving nature of technology and industry, there is on-going debate about, and reform of, patent systems around the world. The TRIPs agreement, developed by the WTO has led to the alignment of many patent systems with regard to certain controversial issues, such as what can be protected by patents and the issue of compulsory licences in cases of national need.