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Why the patent system should look more like Indiana and less like Kentucky | Alan Marco | TEDxTysons


I want to tell you the story of the Land

I want to tell you the story of the Land of Lincoln so I’m not gonna tell you

of Lincoln so I’m not gonna tell you

of Lincoln so I’m not gonna tell you about this guy I’m not gonna talk about

about this guy I’m not gonna talk about

about this guy I’m not gonna talk about Illinois I’m going to talk about Thomas

Illinois I’m going to talk about Thomas

Illinois I’m going to talk about Thomas Lincoln hashtag the other Land of

Lincoln hashtag the other Land of

Lincoln hashtag the other Land of Lincoln

Lincoln

Lincoln Thomas was Abraham’s father and his land

Thomas was Abraham’s father and his land

Thomas was Abraham’s father and his land was Kentucky may bruh ham in fact was

was Kentucky may bruh ham in fact was

was Kentucky may bruh ham in fact was born there in 1809 but after a few years

born there in 1809 but after a few years

born there in 1809 but after a few years Thomas Lincoln up and moved his family

Thomas Lincoln up and moved his family

Thomas Lincoln up and moved his family to Indiana looking back on this Abraham

to Indiana looking back on this Abraham

to Indiana looking back on this Abraham Lincoln said that the primary reason for

Lincoln said that the primary reason for

Lincoln said that the primary reason for this move was a difficulty with land

this move was a difficulty with land

this move was a difficulty with land titles in Kentucky you see over the

titles in Kentucky you see over the

titles in Kentucky you see over the course of a few years Thomas Lincoln was

course of a few years Thomas Lincoln was

course of a few years Thomas Lincoln was involved in multiple disputes he had to

involved in multiple disputes he had to

involved in multiple disputes he had to move he lost land by 1816 he’d had

move he lost land by 1816 he’d had

move he lost land by 1816 he’d had enough why invests in the land

enough why invests in the land

enough why invests in the land if you risk losing it now at the time

if you risk losing it now at the time

if you risk losing it now at the time Kentucky was the frontier and war

Kentucky was the frontier and war

Kentucky was the frontier and war veterans and others in earlier years had

veterans and others in earlier years had

veterans and others in earlier years had been granted something called land

been granted something called land

been granted something called land patents in order to encourage settlement

patents in order to encourage settlement

patents in order to encourage settlement and part of the responsibility of

and part of the responsibility of

and part of the responsibility of claiming the land was it you had to

claiming the land was it you had to

claiming the land was it you had to provide a survey a meets and bounds

provide a survey a meets and bounds

provide a survey a meets and bounds survey a verbal description of your

survey a verbal description of your

survey a verbal description of your property lines using the physical

property lines using the physical

property lines using the physical features of the land like this survey of

features of the land like this survey of

features of the land like this survey of Abraham Lincoln’s boyhood home as it

Abraham Lincoln’s boyhood home as it

Abraham Lincoln’s boyhood home as it read in 1986 when it was sold to the

read in 1986 when it was sold to the

read in 1986 when it was sold to the National Park Service it refers to 36

National Park Service it refers to 36

National Park Service it refers to 36 trees three fences a bridge a drain a

trees three fences a bridge a drain a

trees three fences a bridge a drain a stump so you can imagine this kind of

stump so you can imagine this kind of

stump so you can imagine this kind of verbal description of the land could

verbal description of the land could

verbal description of the land could lead to problems see the early pioneers

lead to problems see the early pioneers

lead to problems see the early pioneers they were not professional surveyors and

they were not professional surveyors and

they were not professional surveyors and sometimes intentionally or

sometimes intentionally or

sometimes intentionally or unintentionally they would describe the

unintentionally they would describe the

unintentionally they would describe the same property

same property

same property using different features different trees

using different features different trees

using different features different trees and you get overlapping property lines

and you get overlapping property lines

and you get overlapping property lines and they gave it a name for this in

and they gave it a name for this in

and they gave it a name for this in Kentucky they called it shingling

Kentucky they called it shingling

Kentucky they called it shingling because it looked like roofing shingles

because it looked like roofing shingles

because it looked like roofing shingles overlapping each other now

overlapping each other now

overlapping each other now why were things so much better in

why were things so much better in

why were things so much better in Indiana well in Indiana the land with

Indiana well in Indiana the land with

Indiana well in Indiana the land with government owned to begin with and prior

government owned to begin with and prior

government owned to begin with and prior to sale it was professionally surveyed

to sale it was professionally surveyed

to sale it was professionally surveyed into rectangular townships and

into rectangular townships and

into rectangular townships and rectangular Lots and it’s one of these

rectangular Lots and it’s one of these

rectangular Lots and it’s one of these Lots

Lots

Lots the Thomas Lincoln bought in 1817 when

the Thomas Lincoln bought in 1817 when

the Thomas Lincoln bought in 1817 when he moved it’s the southwest quarter of

he moved it’s the southwest quarter of

he moved it’s the southwest quarter of section 32 it’s pretty simple isn’t it

section 32 it’s pretty simple isn’t it

section 32 it’s pretty simple isn’t it and to start contrast to the survey that

and to start contrast to the survey that

and to start contrast to the survey that we saw in Kentucky the certainty of

we saw in Kentucky the certainty of

we saw in Kentucky the certainty of these boundaries the clarity of these

these boundaries the clarity of these

these boundaries the clarity of these rights gave people the confidence to

rights gave people the confidence to

rights gave people the confidence to invest in the land

invest in the land

invest in the land it’s a why did Lincoln move because

it’s a why did Lincoln move because

it’s a why did Lincoln move because people prefer certainty to uncertainty

people prefer certainty to uncertainty

people prefer certainty to uncertainty they prefer Indiana to Kentucky and no

they prefer Indiana to Kentucky and no

they prefer Indiana to Kentucky and no offense to anyone from Kentucky out

offense to anyone from Kentucky out

offense to anyone from Kentucky out there it’s a lovely place but it

there it’s a lovely place but it

there it’s a lovely place but it provides a cautionary tale for

provides a cautionary tale for

provides a cautionary tale for discussing the patent system

discussing the patent system

discussing the patent system technological change and economic growth

technological change and economic growth

technological change and economic growth see just as land patents encourage

see just as land patents encourage

see just as land patents encourage settlement patents on inventions our

settlement patents on inventions our

settlement patents on inventions our government writes that encourage

government writes that encourage

government writes that encourage innovation so if you have a patent than

innovation so if you have a patent than

innovation so if you have a patent than for a period of years no one else can

for a period of years no one else can

for a period of years no one else can use your invention without your

use your invention without your

use your invention without your permission and if it’s useful in the

permission and if it’s useful in the

permission and if it’s useful in the marketplace you can make some money

marketplace you can make some money

marketplace you can make some money but the patent is not a reward it’s the

but the patent is not a reward it’s the

but the patent is not a reward it’s the incentive to develop the technology to

incentive to develop the technology to

incentive to develop the technology to begin with and to tell people about how

begin with and to tell people about how

begin with and to tell people about how it works it’s a twofer we get the

it works it’s a twofer we get the

it works it’s a twofer we get the technology and we get the information

technology and we get the information

technology and we get the information that we need to build on so this is part

that we need to build on so this is part

that we need to build on so this is part of what we call the market for

of what we call the market for

of what we call the market for technology and if there’s one thing that

technology and if there’s one thing that

technology and if there’s one thing that economists like it’s a market we love

economists like it’s a market we love

economists like it’s a market we love markets

markets

markets my wife doesn’t like it when I spend too

my wife doesn’t like it when I spend too

my wife doesn’t like it when I spend too much time alone with the market they’re

much time alone with the market they’re

much time alone with the market they’re beautiful they bring people together

beautiful they bring people together

beautiful they bring people together usually buyers and sellers and they

usually buyers and sellers and they

usually buyers and sellers and they trade and the key is that voluntary

trade and the key is that voluntary

trade and the key is that voluntary trade makes both parties better off and

trade makes both parties better off and

trade makes both parties better off and it literally creates wealth so suppose I

it literally creates wealth so suppose I

it literally creates wealth so suppose I want to sell you my car well okay this

want to sell you my car well okay this

want to sell you my car well okay this isn’t my car I’m not sure who told you

isn’t my car I’m not sure who told you

isn’t my car I’m not sure who told you that but let’s pretend this is a 1972

that but let’s pretend this is a 1972

that but let’s pretend this is a 1972 Ferrari Dino and let’s say it’s my car

Ferrari Dino and let’s say it’s my car

Ferrari Dino and let’s say it’s my car and then I value it for $100,000 but you

and then I value it for $100,000 but you

and then I value it for $100,000 but you value it for $150,000 so you can imagine

value it for $150,000 so you can imagine

value it for $150,000 so you can imagine that be fairly easy for us to agree on a

that be fairly easy for us to agree on a

that be fairly easy for us to agree on a price that would make both of us better

price that would make both of us better

price that would make both of us better off and if we can do that then

off and if we can do that then

off and if we can do that then regardless of the price we’ve just

regardless of the price we’ve just

regardless of the price we’ve just created $50,000 worth of wealth in the

created $50,000 worth of wealth in the

created $50,000 worth of wealth in the economy because we’ve taken an asset

economy because we’ve taken an asset

economy because we’ve taken an asset that was worth $100,000 and we’ve

that was worth $100,000 and we’ve

that was worth $100,000 and we’ve transformed it into one what’s worth a

transformed it into one what’s worth a

transformed it into one what’s worth a hundred and fifty thousand dollars just

hundred and fifty thousand dollars just

hundred and fifty thousand dollars just through trade alone that’s incredible

through trade alone that’s incredible

through trade alone that’s incredible it’s simple it’s beautiful its elegant

it’s simple it’s beautiful its elegant

it’s simple it’s beautiful its elegant and it works except when it doesn’t like

and it works except when it doesn’t like

and it works except when it doesn’t like when there’s a lot of uncertainty in the

when there’s a lot of uncertainty in the

when there’s a lot of uncertainty in the market like when people flee Kentucky

market like when people flee Kentucky

market like when people flee Kentucky for the certainty of Indiana so when I

for the certainty of Indiana so when I

for the certainty of Indiana so when I was a student we would shop at a grocery

was a student we would shop at a grocery

was a student we would shop at a grocery outlet this was a literal outlet for

outlet this was a literal outlet for

outlet this was a literal outlet for groceries overstocks discontinued

groceries overstocks discontinued

groceries overstocks discontinued products they had a scratch and dent

products they had a scratch and dent

products they had a scratch and dent section where some of the cans were

section where some of the cans were

section where some of the cans were missing their labels entirely we would

missing their labels entirely we would

missing their labels entirely we would call these maybe beans like they baby

call these maybe beans like they baby

call these maybe beans like they baby beans we’d get them home

beans we’d get them home

beans we’d get them home nope not beans it’s cream of something

but we didn’t care because we were poor

but we didn’t care because we were poor and no one can charge full price for

and no one can charge full price for

and no one can charge full price for these cans these are Kentucky cans

people prefer certainty to uncertainty

people prefer certainty to uncertainty they prefer Indiana cans to Kentucky

they prefer Indiana cans to Kentucky

they prefer Indiana cans to Kentucky cans and it’s the same in every market

cans and it’s the same in every market

cans and it’s the same in every market certainty makes the market work better

certainty makes the market work better

certainty makes the market work better but this is particularly important in

but this is particularly important in

but this is particularly important in the market for technology because

the market for technology because

the market for technology because historically and globally technology is

historically and globally technology is

historically and globally technology is the primary driver of economic growth it

the primary driver of economic growth it

the primary driver of economic growth it is a single thing that most

is a single thing that most

is a single thing that most distinguishes our lives today from those

distinguishes our lives today from those

distinguishes our lives today from those of our ancestors think just about how

of our ancestors think just about how

of our ancestors think just about how you got here today now imagine doing

you got here today now imagine doing

you got here today now imagine doing that trip with Archimedes or Joan of Arc

that trip with Archimedes or Joan of Arc

that trip with Archimedes or Joan of Arc or da Vinci or Thomas Lincoln you’d blow

or da Vinci or Thomas Lincoln you’d blow

or da Vinci or Thomas Lincoln you’d blow their minds well maybe not da Vinci he’d

their minds well maybe not da Vinci he’d

their minds well maybe not da Vinci he’d say yeah I thought of that but

say yeah I thought of that but

say yeah I thought of that but Archimedes be running around going

Archimedes be running around going

Archimedes be running around going Eureka Eureka Eureka think about my

Eureka Eureka Eureka think about my

Eureka Eureka Eureka think about my favorite underappreciated technology

favorite underappreciated technology

favorite underappreciated technology refrigeration and cooling obviously this

refrigeration and cooling obviously this

refrigeration and cooling obviously this makes our lives more comfortable as it

makes our lives more comfortable as it

makes our lives more comfortable as it is today but it goes way beyond that

is today but it goes way beyond that

is today but it goes way beyond that because refrigeration actually radically

because refrigeration actually radically

because refrigeration actually radically transformed our economy because it

transformed our economy because it

transformed our economy because it enabled the long distance hauling of

enabled the long distance hauling of

enabled the long distance hauling of perishable goods you know what it says

perishable goods you know what it says

perishable goods you know what it says store in a cool dry place yeah well

store in a cool dry place yeah well

store in a cool dry place yeah well there weren’t any except at the top of a

there weren’t any except at the top of a

there weren’t any except at the top of a mountain which was inconvenient so it

mountain which was inconvenient so it

mountain which was inconvenient so it now enabled this cross-country trade in

now enabled this cross-country trade in

now enabled this cross-country trade in food and what that did was enabled

food and what that did was enabled

food and what that did was enabled regions to specialize and take advantage

regions to specialize and take advantage

regions to specialize and take advantage of economies of scale that led to

of economies of scale that led to

of economies of scale that led to further advancements in planting and

further advancements in planting and

further advancements in planting and harvesting nationwide we got higher

harvesting nationwide we got higher

harvesting nationwide we got higher quality food we got more variety and

quality food we got more variety and

quality food we got more variety and lower prices which made everybody better

lower prices which made everybody better

lower prices which made everybody better off so let’s think a little bit about

off so let’s think a little bit about

off so let’s think a little bit about how this technology developed

how this technology developed

how this technology developed the first refrigeration units were these

the first refrigeration units were these

the first refrigeration units were these big beastly things that had the tendency

big beastly things that had the tendency

big beastly things that had the tendency to occasionally explode so they were

to occasionally explode so they were

to occasionally explode so they were first used to produce the ice that was

first used to produce the ice that was

first used to produce the ice that was used for shipping because you didn’t

used for shipping because you didn’t

used for shipping because you didn’t want one of these things blowing up your

want one of these things blowing up your

want one of these things blowing up your train but eventually the unit’s got

train but eventually the unit’s got

train but eventually the unit’s got smaller and safer and we could have

smaller and safer and we could have

smaller and safer and we could have refrigerated rail cars because we could

refrigerated rail cars because we could

refrigerated rail cars because we could combine refrigeration technology

combine refrigeration technology

combine refrigeration technology reliable power supply insulated

reliable power supply insulated

reliable power supply insulated containers rail cars dense technology

containers rail cars dense technology

containers rail cars dense technology got smaller got safer we can get

got smaller got safer we can get

got smaller got safer we can get refrigerated delivery trucks it got

refrigerated delivery trucks it got

refrigerated delivery trucks it got smaller and safer and we could put them

smaller and safer and we could put them

smaller and safer and we could put them in our homes and now gamers like my kids

in our homes and now gamers like my kids

in our homes and now gamers like my kids are putting them in their computers to

are putting them in their computers to

are putting them in their computers to cool down their video cards what will

cool down their video cards what will

cool down their video cards what will these kids think of next

these kids think of next

these kids think of next which is kind of the point because it’s

which is kind of the point because it’s

which is kind of the point because it’s their generation that will develop the

their generation that will develop the

their generation that will develop the next advances if they can pull

next advances if they can pull

next advances if they can pull themselves away from their video games

it’s the market for technology though

it’s the market for technology though that makes this happen because this

that makes this happen because this

that makes this happen because this pattern of innovation is common to all

pattern of innovation is common to all

pattern of innovation is common to all technological change we combine previous

technological change we combine previous

technological change we combine previous technologies into something new and then

technologies into something new and then

technologies into something new and then we improve it but the market for

we improve it but the market for

we improve it but the market for technology works best with more

technology works best with more

technology works best with more certainty in it which is why we want

certainty in it which is why we want

certainty in it which is why we want well-defined patent rights so patent

well-defined patent rights so patent

well-defined patent rights so patent examiner’s inventors together they

examiner’s inventors together they

examiner’s inventors together they define the boundaries patents inventors

define the boundaries patents inventors

define the boundaries patents inventors describe their technology and how to put

describe their technology and how to put

describe their technology and how to put it into practice patent examiner’s look

it into practice patent examiner’s look

it into practice patent examiner’s look it over and they make sure that the

it over and they make sure that the

it over and they make sure that the claims of the patent are clear and

claims of the patent are clear and

claims of the patent are clear and accurate they comply with the law but

accurate they comply with the law but

accurate they comply with the law but obviously this can be very challenging

obviously this can be very challenging

obviously this can be very challenging especially in emerging technologies

especially in emerging technologies

especially in emerging technologies because when something is truly new we

because when something is truly new we

because when something is truly new we may not even have the words for it

may not even have the words for it

may not even have the words for it so really inventors and patent

so really inventors and patent

so really inventors and patent examiner’s are like surveyors in a

examiner’s are like surveyors in a

examiner’s are like surveyors in a technological frontier

imagine trying to define a complicated

imagine trying to define a complicated space in this landscape using meets and

space in this landscape using meets and

space in this landscape using meets and bounds

bounds

bounds a verbal description when you can’t even

a verbal description when you can’t even

a verbal description when you can’t even see the entire picture because you’re on

see the entire picture because you’re on

see the entire picture because you’re on the frontier this is complicated

the frontier this is complicated

the frontier this is complicated you see in the patent system there are

you see in the patent system there are

you see in the patent system there are no neat little rectangles because we

no neat little rectangles because we

no neat little rectangles because we can’t survey the land ahead of time like

can’t survey the land ahead of time like

can’t survey the land ahead of time like we could in Indiana so because of this

we could in Indiana so because of this

we could in Indiana so because of this there is some inherent uncertainty and

there is some inherent uncertainty and

there is some inherent uncertainty and that leads a lot of people to argue that

that leads a lot of people to argue that

that leads a lot of people to argue that the patent system looks a lot like

the patent system looks a lot like

the patent system looks a lot like Lincoln’s Kentucky with overlapping

Lincoln’s Kentucky with overlapping

Lincoln’s Kentucky with overlapping property lines confusion and a market

property lines confusion and a market

property lines confusion and a market for technology that doesn’t work but

for technology that doesn’t work but

for technology that doesn’t work but there are others that suggest that

there are others that suggest that

there are others that suggest that despite done uncertainty the market for

despite done uncertainty the market for

despite done uncertainty the market for technology works more like Indiana so

technology works more like Indiana so

technology works more like Indiana so which is it

which is it

which is it Kentucky your Indiana well I’m an

Kentucky your Indiana well I’m an

Kentucky your Indiana well I’m an economist so I’m gonna say it depends

economist so I’m gonna say it depends

economist so I’m gonna say it depends because it can be either or both it

because it can be either or both it

because it can be either or both it depends on the technology and really

depends on the technology and really

depends on the technology and really maybe it doesn’t matter so much where we

maybe it doesn’t matter so much where we

maybe it doesn’t matter so much where we are as where we’re going see the people

are as where we’re going see the people

are as where we’re going see the people of Kentucky didn’t just throw up their

of Kentucky didn’t just throw up their

of Kentucky didn’t just throw up their hands and give up private property they

hands and give up private property they

hands and give up private property they were dealt a bad hand but they did what

were dealt a bad hand but they did what

were dealt a bad hand but they did what they could to mitigate so for them

they could to mitigate so for them

they could to mitigate so for them that meant professional surveyors

that meant professional surveyors

that meant professional surveyors permanent boundary markers better

permanent boundary markers better

permanent boundary markers better record-keeping these things reduced the

record-keeping these things reduced the

record-keeping these things reduced the uncertainty helped them to clean up the

uncertainty helped them to clean up the

uncertainty helped them to clean up the shingling from the Frontier Days

shingling from the Frontier Days

shingling from the Frontier Days so really regardless of where we start

so really regardless of where we start

so really regardless of where we start the policy goal is the same we should

the policy goal is the same we should

the policy goal is the same we should make the patent system more like Indiana

make the patent system more like Indiana

make the patent system more like Indiana now when it comes to policy I’m a big

now when it comes to policy I’m a big

now when it comes to policy I’m a big fan of what we call evidence-based

fan of what we call evidence-based

fan of what we call evidence-based policymaking but some policy questions

policymaking but some policy questions

policymaking but some policy questions are hard and evidence is often hard to

are hard and evidence is often hard to

are hard and evidence is often hard to get sometimes we come up against what I

get sometimes we come up against what I

get sometimes we come up against what I like to call policy based evidence

like to call policy based evidence

like to call policy based evidence making

making

making which is neither good policy nor good

which is neither good policy nor good

which is neither good policy nor good evidence but sometimes things are a

evidence but sometimes things are a

evidence but sometimes things are a little easier you see we know that

little easier you see we know that

little easier you see we know that people prefer certainty to uncertainty

people prefer certainty to uncertainty

people prefer certainty to uncertainty and it makes the market work better and

and it makes the market work better and

and it makes the market work better and the patent system that means high

the patent system that means high

the patent system that means high quality patent examination well-defined

quality patent examination well-defined

quality patent examination well-defined rights an easy way to fix mistakes

rights an easy way to fix mistakes

rights an easy way to fix mistakes transparency in the system especially

transparency in the system especially

transparency in the system especially transparency in ownership these things

transparency in ownership these things

transparency in ownership these things reduce uncertainty in the system as a

reduce uncertainty in the system as a

reduce uncertainty in the system as a whole for all technologies see the

whole for all technologies see the

whole for all technologies see the parable of the Land of Lincoln tells us

parable of the Land of Lincoln tells us

parable of the Land of Lincoln tells us how important it is to create certainty

how important it is to create certainty

how important it is to create certainty in the market for technology because it

in the market for technology because it

in the market for technology because it has the potential to create real and

has the potential to create real and

has the potential to create real and meaningful change and that brings

meaningful change and that brings

meaningful change and that brings economic opportunities to everybody it

economic opportunities to everybody it

economic opportunities to everybody it puts us on the road to Indiana and

puts us on the road to Indiana and

puts us on the road to Indiana and that’s where we want to be thank you

that’s where we want to be thank you

that’s where we want to be thank you [Applause]

”

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