I wrote a ton about this in past posts, but I don't think those express my current view well, so I'll just post this for now and then right a post with my current views which is essentially:
- Monopolies on ideas, i.e. Patents & Copyright, I suspect are not positive ROI for our country.
- There are things that won't be made under this system, or they'll take longer, however we're looking at the sum of ROI of patents, etc.
- Trademark is worth having so people can easily identify goods, otherwise it's basically fraud, but we should broaden the "Kleenex" exception for generic or de facto public trademarks. For instance, you can wear a knock-off sports jersey, but not one with "official NFL gear" or some such.
- Any solution must be made on utilitarian principles: ROI for society being the metric to optimize on.
- A proper scheme will most likely include a bottom-up element like patents do, because we need to have the sum of inventors' knowledge actually working on this, but we also probably won't be giving them monopoly because independent discovery means the patent wasn't necessary to begin with or keep the benefits accruing.
- Advanced in reverse engineering makes patent transparency a platitude, not a real value-add to society. The evidence is that people like Elon Musk don't patents, they use trade secrets to prevent disclosing very hard things to reverse engineer.