The thing you have to ask is: would apple have invented the iPhone if the patent system as it stands didn't exist? Also assuming that copyright protection, and protection against counterfeit goods was still in place.
I think the answer to that is, yes. Samsung and other companies did copy Apple just about as far as they could without actually creating a counterfeit.
Yet, that didn't stop Apple from making billions of dollars. To me that is proof that in this case the patent system did nothing to foster innovation.
Take the example of pinch to zoom. If Apple knew they couldn't patent the process would they have implemented it? Of course they would have, it's a better interface (and the fact nearly every other smartphone copied it, yet they still created it proves my point).
Furthermore the purpose of the patent system is to encourage innovation by rewarding inventors for not hoarding innovation with trade secrets. Could something like pinch to zoom even realistically be protected by trade secrets.
The implementation is so simple that once someone has seen it, nearly anyone could replicate it.
Patents no longer serve they purpose of disseminating knowledge. Companies aren't digging through the patent office in search of implementation details, the way it was intended to be used.
I think the answer to that is, yes. Samsung and other companies did copy Apple just about as far as they could without actually creating a counterfeit.
Yet, that didn't stop Apple from making billions of dollars. To me that is proof that in this case the patent system did nothing to foster innovation.
Take the example of pinch to zoom. If Apple knew they couldn't patent the process would they have implemented it? Of course they would have, it's a better interface (and the fact nearly every other smartphone copied it, yet they still created it proves my point).
Furthermore the purpose of the patent system is to encourage innovation by rewarding inventors for not hoarding innovation with trade secrets. Could something like pinch to zoom even realistically be protected by trade secrets.
The implementation is so simple that once someone has seen it, nearly anyone could replicate it.
Patents no longer serve they purpose of disseminating knowledge. Companies aren't digging through the patent office in search of implementation details, the way it was intended to be used.