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Robin Marchione
Guilherme Vieira Dumit
Anton Claude Bettink
Adrian Di Felice Mezquiriz
ECO 204 - Dr. Baranes
Innovation
Abstract:
This paper examines the economic effects of technological advancements, and
patents as property rights, with regards to innovation. In researching the effects of
technological advancements on the economy, this work discusses and contrasts
scholarly Mainstream, Institutionalist, and Austrian perspectives. For all economic
schools discussed, it was hypothesized that they would, to some degree, be in
accordance that technological advancements stimulate economic growth. However,
different schools have varying opinions on the processes that cause and affect
technological advancements on the economy. This work is responsible for depicting
these views and discusses the role of patents in different perspectives
Introduction
Innovation can be defined as the application of more effective or generally
better solutions to market desires. It is regularly acquired through new products or
services that are considered original and help society or a market create more
efficient production. As seen in Romer's Endogenous technological change,
"technological change arises in large part because of intentional actions taken by
people who respond to market incentives" (Romer, 1990, 72). The innovation
process works as a barrier to entry as well as improving economic conditions,
depending on the environment. In both cases, innovation plays a crucial role as a
catalyst for growth, for industries, and the economy as a whole.
In the past, there has been a lot of discussion regarding the purpose,
functioning, and impacts of patents on free and regulated markets. The introduction
of patents has led to debate over the conflicting theories from various schools of
economic thought. This paper will support the claim that patents are used to
preserve monopolistic rights and thus cultivate the existence of monopolies while
spurring innovation and economic growth. In order to juxtapose this hypotheses
effectively, and to create a sensible conclusion, it is necessary to analyze
mainstream, as well as alternative economic perspectives. Despite examining the
role of intellectual property rights, this paper will emphasize how intellectual property
rights have affected technological innovation, therefore economic growth, and the
role of intellectual property going forward.
Technological Advancement
As Robert Solow and Trevor Swan mainly indicate through their Solow-Swan
model, economic growth is reliant on increasing inputs and technological progress in
the long run (Solow, 1956, 66). Solow was responsible for stating the idea that
capital accumulation would lead to an increase in labor productivity through his
model of investment and growth. What is meant by "capital" varies throughout
different economic schools. This fairly recognized definition is significantly based on
what is called the "constant-returns-to-scale production" technology (Grossman &
Helpman, 1991, 22). CRS production reflects a manager's decisions in a case of, for
example, when all inputs are doubled, new values for output will be also doubled.
Additionally, Romer states in Endogenous Technological Change, "[g]rowth ... is
driven by technological change that arises from intentional investment decisions
made by profit-maximizing agents", (Romer, 1990, 71), which through intentional
investment decisions, Romer aims at government investment prevenient from taxes
and current organizations. These profit-maximizing agents encompass the goals and
aims of current organizations, as they only focus on improving their returns.
Therefore, at the same time the supporters of this mainstream view see innovation
based primarily on capital accumulation. They all relatively agree on having one goal
that comes from variables such as resources, labor, and organization of the modern
enterprises: profit.
Similar Mainstream views to Romer's mentioned in Increasing returns and
new developments in the theory of growth. He depicts that most recent economical
models show an increase in returns when innovations are included in the production
process (1989, 29). Thus, it can be suggested that the mainstream perspective
shows that besides the specific production variables that stimulate development, the
original concepts of labor and capital that are incorporated in the production process
essentially improve production to such an extent that economic growth is achieved.
Also, in a sense this view supports the case in which economic growth arises from
increases in technological change, which is fairly recognized as innovation. As
mentioned then, innovation is the main catalyst of this profit-making process looking
to reach growth through more accelerated methods. This mainstream view has for
long been the most widely accepted, with the exceptions of other schools'
supporters, such as institutionalists and austrians.
In the case of the Institutionalists, technology is seen differently: it is regarded
as the determinant of how instrumental functions are achieved. Technology, whether
it be physical matters or know-how related, allows us to continue the process of
societal and economical development, just as it has brought us to what we see today
as a civilized society. Therefore, this view, as John Foster denotes, sees technology
as a determinant of "the character of the means of life and the character of the
process of providing those means." (1981, 912) This can be understood as that
every experience in life is changed and created by technology, as well as the tools
and means to provide technologies, with an obvious goal to solve social problems.
For Institutionalist economists, separating technology is also essential. It is viewed
as a process that divides between the tools and machinery that make up
"technology", and/or the creation of new goods or processes. Since each social
problem requires a solution, the existence of these technologies in society is such
that the answers to those must rely on institutional adjustment.
In The theory of institutional change, Bush (1987) defines institutional
adjustment in two phases: (1) ceremonial encapsulation, where all technological
innovation is enveloped; and (2) progressive institutional change, where instrumental
values are prioritized before ceremonial values. This process allows for more
desirable technological changes, instead of focusing on values that do not add to the
social "knowledge fund", the fund can be expanded with a reliance on these
instrumental values. For Veblen, institutions are responsible for determining how
technologies are implemented into society, where some institutions tend to favor
"ceremonial" values, based on managerial decisions (Veblen, 1904). Veblen saw
technological change as a process of cumulative causation, which refers to changes
in technologies as well as societal behavior. This means that he saw technology
arising out of gaps or deficiencies in society, a kind of combination of “intellectual
curiosity” and a drive for more efficient processes: “[a] change in prevalent habits of
thought”. ‘[A]ccording to the institutionalist perspective, especially in regards to the
economic system, technological 'innovation’ is evidently more of a cultural process,
where knowledge and creation (innovative ideas) are created by a more collective
collaboration in society. Following his view, Veblen agrees on the idea that
institutional adjustment should be pursued to make the use of technology more
aligned with 'instrumental values’'. As human life is in a state of constant
development and trying to solve certain social problems, technological advances
cannot be stopped (and vice-versa), because that would lead to an obstruction of
society and there would be no institutional adjustment present, meaning a stagnation
in society's development. Then, how does technology and institutional adjustment
relate to innovation in this view? Considering the amount of problems that a society
encounters, they substantially work as a stimulus for innovative methods and tools.
As Bush sees it (1987), throughout the years these changes have facilitated the
transformation in the industrial environment and worked as an incentive for more
innovation to take place. Therefore, the Institutionalists are aware that there is a
constant necessity for these innovative changes that have shaped modern industries
in this society to a position where innovation has not only become a constant feature
but also the main key to problem-solving embedded in the community.
Austrian supporters see innovation coming from a different, though vital
source. As noticed by Baumol and Schumpeter, the entrepreneur has not only the
willpower to "break down the resistance that the social environment offers to change"
(Schumpeter, 1947, 157) but also the attention to recognize opportunities that may
become profits. That attention promotes and ensures a free market that can only be
more and more efficient, considering these will always look for innovative and
productivity-enhancing opportunities. As their job is to realize imperfections that may
result in future profits, they find themselves in an environment where using the
available resources efficiently also meets their other goal that is realizing gains. As a
proof of the austrian view on innovative methods, in the Creative Response in
Economic History, Schumpeter states that "the entrepreneur and his function are not
difficult to conceptualize: the defining characteristic is simply the doing of new things
or the doing of things that are already being done in a new way (innovation)."
(1947,151) Schumpeter defines innovation (the catalyst for economic growth) as
"creative response", which can be anything that is outside of the range of existing
methods or practices done by an industry, economy, or some firms (1947).
Schumpeter also finds innovations to be different from inventions, as inventors have
no connection with entrepreneurs, since an entrepreneur "gets things done", but
does not necessarily represent something scientifically new. He discusses the fact
that industries must constantly revolutionize their economic structure internally,
which means innovating through more effective processes or better products.
Nonetheless, he argues that “creative destruction is the essential fact about
capitalism.”, meaning that a process of industrial change must take place regularly,
often creating these new processes. Also, in The theory of economic development;
an inquiry into profits, capital, credit, interest, and the business cycle (1934),
Schumpeter sees our economy as a non-stationary one that rewards innovative
entrepreneurs "above-natural" profits or surplus gains, what would be prevented from
the existence of competition in the market. Concluding Schumpeter's view, in any
condition, technological improvement is acquired from society, since it is a "central
feature of economic development" (1934, 40), while he also argued that economic
development cannot happen with innovation, entrepreneurs, and market power. For
Schumpeter, the idea of constant innovative methods coming from entrepreneurs
could provide better outcomes than the price competition system that is fairly known.
In this school's view then, innovation is acquired mainly as an entrepreneur's
product, where it is the maximum profit-seeking activity, and originally set as a main
goal by these entrepreneurs and austrian supporters.
In conclusion, advancements in technology stimulate economic growth,
improving technologies necessitates the various aspects that play a role in economic
development, such as labor, investment, human capital, etc.
The mainstream school of thought, as supported by Romer, reinforces that
technological advances encourage growth as they are driven by intentional profit
maximizing behaviors. These can range from individual to political behaviors, such
as government investment towards innovation through tax collection. Therefore, the
Mainstream frame of thought supports the benefits of promoting innovation in the
production process as well as the factors of labor and capital. This is because
technological advances are implemented as methods for profit maximization.
Although this theory seems very eloquent and culturally accepted, there are different
schools of thought that differ in their approach to the area of innovation and
technological advances. For example, for Institutionalists, technological advances
are not viewed solely as means for economic growth but also a measure for
understanding society and its influence on the civilization. There is a reciprocal
relationship between humanity and technology as technology originates, impacts and
culminates from societal factors. In addition, Institutionalists view technology as a
factor that influences the way institutions are created as technology promotes
institutional principles based on instrumental values rather than ceremonial.
Thorstein Veblen suggests that technology is important as it shapes societal conduct
because it arises from gaps in society and aims to satisfy them. In this regard, we
can affirm that: for Institutionalists, technology and innovation are collective rather
than individualistic, and that technological advances should be directed towards
social development and instrumental behaviors.
Another important approach to this subject is that of the Austrian school of
thought where technological advances arise in a different form. Austrian followers,
emphasize the role of the entrepreneur. They suggest that the entrepreneur is driven
by profit seeking attitudes where they aim to anticipate methods where innovation
can maximize efficiency and profitability. In this view, the structure of the free market
is necessary as it enables the entrepreneur to engage in processes that promote
gains from using technological advances towards higher efficiency. In other words,
the entrepreneur, by creating or revolutionizing existing methods of production is
able to benefit from higher surplus created by more efficient allocation of resources,
new machinery, et cetera. Also, it is important to note the difference between
invention and innovation, as the latter one is actually able to promote change.
Innovation supports the concept of creative destruction where innovation destroys
existing structures and implements the more efficient one, and thus the process of
creative destruction is key for capitalism as well as economic growth. So, for
Austrians, the entrepreneur is the figure that by innovation achieves overly profits
while promoting economic development.
We can venture to affirm that these three schools of thought see
innovation and technological advances as factors that promote positive outcomes for
the economy and for society. Mainly, they differ in aspects such as the nature from
which innovation arises as well as its overall effects. However, economically
speaking, innovation is seen as the engine that drives economic growth and
development, as well as influence society and its institutional basis.
Patents and Property
As an originator of economic growth, innovation has been assured primarily
through patents, allowing for the protection of ideas. A patent is defined as an
intellectual property, or certain quantity of exclusivity rights granted by a
governmental or dominant organization that allows for a timely constrained use of an
innovative product or process. In ancient Greece, a cook was awarded an exclusive
right for one year to sell a dish if it were considered "new and fabulous." As it can be
seen then, back in those years an expression of the invention did not matter as
much, as people were more concerned with the knowledge utilized and put into the
production process that originated that exclusivity. To add to those rights awarded, in
the early 1400's, an architect named Filippo Brunelleschi was granted the first
modern patent for his invention of a river transport vessel through which he could
transport marble. Along with various others, this patent originated a statute in 1474 to
define some means of control on that issue. This statute required three main
constraints: (1) usefulness, where it should be useful for some process utilized in
society; (2) newness, where it requires to be the first one of its kind or not equal to
anything that has the same purpose; and (3) time limits, where there was a specific
period that these patents 'protection' lasted for.
It was at that time that a philosophical shift became evident, as we engaged
into the era of classical liberalism, when more collectivistic philosophic thoughts were
shifting to more individualistic philosophic thoughts, what was necessarily essential
to patents. At this time, three key shifts needed to occur in order for patent rights to
take hold: (1) a technological shift, affecting the way in which new knowledge was
created, since the knowledge you first learned could be used to create more,
resembling a more collectivist view of knowledge creation; (2) a legal shift, where the
goods being produced were to be viewed as important matters, and for those you
would have to be able to protect; (3) a philosophical shift, where the exceptional work
of an individual inventor was judged as the main source of knowledge creation.
On the basis of economic theory, ownership is conceived to be in line with
Locke’s natural rights and theory of property, in that what is produced by one’s labor,
can then be considered to be owned by the producer. According to Locke, the
natural owner of something, is the person who produced or procured such an object.
However, we often overlook the fact that ownership is not often an individualistic
thing. Generally, ownership arises from collective “cooperation of an industrial
community” (Veblen, 1898, 353) and through this community the knowledge and
resources that are available are in some way involved in the production process. So
the idea of natural rights and the notion that ownership is because of individual labor
is what Veblen describes as “absurd”. Ownership, then can be described, in terms of
individual ownership of an object or resource, by suggesting that the owner has
designated control over what is done to or with the resource.
According to Jaffe and Lerner “Reforms in the US patent system have caused
an explosion in patent applications.” (Jaffe and Lerner, 2004) These reforms have
been imposed to protect the patent holders, as strengthening the protection policies
of patents can spur innovation and economic growth. “Initially, patents were awarded
to benefit the Royal’s favorites. The connection between invention and exclusive
property rights that was then introduced, was an institutional revolution that helped
spur invention and arguably paved the way for the industrial revolution” (Acs and
Sanders, 2008). This implies that the inventor, theoretically is the person who is
entitled to “legal ownership” over the product.
The creation of a good by an individual spurred the ownership of these
methods and enabled one to obtain patents, paving the way for the industrial
revolution. As this sense of ownership is sought from many individual creators, some
philosophers tried to define private property.
Generally, property is what belongs to someone or with something, and is
used to describe the rules for which people are able to access and control
belongings such as: land, means of production, any representation of capital,
manufactured goods, ideas, inventions, and intellectual products. From a
philosophical standpoint, property can be divided into three main components, which
are private property, common property, and collective property. In a private property
system, rules and regulations govern the idea that resources are allocated according
to the deciding authorities or to the assigned individuals. Individuals that have been
assigned resources then have control over them, and it is up to them to decide what
should or could be done with the resources. However, private property still has to fit
within the governing rules of society. When considering common property, resources
are governed by rules that allow for resources to be used and be available for the
whole of society. This could be a public park or library. The central concept of this is
to allow fair access for anyone who wishes to use the resource and restrict
preclusion by others. Finally, a collective property is when a community determines
how resources are going to be allocated. This is done on a basis of social interest, in
what way will the allocation of resources be most beneficial for the collective society.
For the reference of patents, private property rights are enforced and sought.
Property rights are then, by definition, any formations supported by society in order
to restrain a resource or good to one individual, organization, or government. By
acquiring property rights, the owner obtains the rights to: use the resource, earn
income from it, transfer it to others, and enforce its right of ownership.
According to John Locke, given that all men are equal, “every man has a
property in his own person” and no one else has the right to it but himself (Locke,
1689). A man’s physical labour that he produces with the use of his body is
considered to become his property. Basically, what a man is able to cultivate from his
own labour, essentially (according to Locke) becomes property of the labourer.
However, this is on condition that there are enough resources left for others to do the
same. Locke further explains that when a man or labourer contributes something
additional to nature (appropriating his labour towards it), bringing it out of the state of
nature, then the process of property begins. Locke’s theory is based on three
restrictions on accumulation of property: (1) one may only appropriate as much as
one can use before it spoils; (2) one must leave “enough and as good” for others
(sufficiency restriction); and (3) one may only appropriate property through one’s own
labor. (Locke, 1690).
If we consider a mainstream perspective on patents we have to examine Paul
Romer’s theory on economic growth, as it has been one of the main driving forces
behind the “new growth theory”. In his interview on economic growth held by Russell
Roberts in 2007, Romer talks about “the importance of ideas, the role of institutions
and the legal environment for creating incentives for new idea.” According to Romer,
the United States has been experiencing growth rates in the last couple of decades
that have clearly increased over time even though the economy must invent more
products every year to maintain a certain percentage of growth. He explains this
development by referencing the combined effects of “knowledge building on
knowledge” and the educational shift towards new discovery, accelerated by the
growth in population. In his view, institutions have been providing incentives to
individuals to engage in innovative research through research conducted in
universities as well as the issuance of intellectual property rights. In 2007, Romer
claimed that the US economy is moving towards more constricted patents, raising
the question whether this movement will hamper or spur the progress of
technological innovation. In his view, moving towards more limited patents, either in
terms of the number of issuances or the time period of validity, would hamper
innovative development as it decreases the incentives for people to invent new
products and create, by definition, innovation. The reason for this is the fact that the
innovative individual will not be able to capture most of the value or returns, leading
to a larger value to society. In order to reinforce these incentives for individuals, the
government must reward students getting additional education (science related)
through grants or vouchers, what is similar to Friedman's view. Some of these grants
should financially support educational degrees so that students can take risks and
engage in the process of developing new goods and mainly "innovating." This should
include giving firms financial incentives to innovate.
For the institutionalist view, it is important to analyze Veblen's view on patents.
Veblen makes it clear in On the Nature of Capital: Investment, Intangible Assets, and
the Pecuniary Magnate that the rights that patents "award" are detrimental in the
sense that they prevent the new knowledge to be used by the community. Following
this concept, it restrains society from the "serviceability" of innovation, as no previous
patented knowledge can be used. For Veblen, patent rights are initially seen through
this view that it does not allow society to prosper and innovate when instituted. Then,
they are seen as partially effective: "The patent right becomes effective for the
purpose only in the material working of the innovation covered by it; and monopolistic
control is a source of gain only in so far as it effectually modifies or divides the supply
of goods." (Veblen, 1908) Therefore, in a second view, patents are seen effective for
the individual creating the good, because it can properly use his knowledge without
facing competition, and obviously acquire possible monopolistic control. A primary
difference between Veblen’s take on patent roles and mainstream economic theory
is to do with the production of goods in society. For Veblen, ideally, production
should be carried out for the common good of society, while for the mainstream view,
the objective of production is more aligned with production for profit, although they do
believe that there is some natural relationship between the two, in which case
producing for profit can be seen as beneficial for society. An example of this is when
mainstream economists believe that “the incentives provided by the monopoly profits
generated by patent protection guarantee that there will be an innovative effort which
will result in more efficient production of better goods” (Fiani, 2009). However, on the
contrary, Veblen opposes this view as he believes that this relationship between
production for profits and the common good are not natural as they do not account
for any realistic alternative (pecuniary) motives.
Another important distinction that needs to be made is that of tangible and
intangible asset patenting. Tangible assets are those that are of “technological or
industrial character”, and intangible assets are, which are particularly difficult to
evaluate, include things like patents, copyrights, and trade markings.
The invention or innovation covered by the patent right is a contribution
to the common stock of technological proficiency. It may be
(immediately) serviceable to the community at large, or it may not;
[...]But, whether the innovation is useful or not, the patent right, as an
asset, has no (immediate) usefulness at large, since its essence is the
restriction of the usufruct of the innovation to the patentee. Immediately
and directly the patent right must be considered a detriment to the
community at large, since its purport is to prevent the community from
making use of the patented innovation, whatever may be its ulterior
beneficial effects or its ethical justification. (Veblen, 1908, 116)
Basically, Veblen is describing the detrimental relationship between patenting and
innovation. Veblen holds this perspective because he thinks that knew innovative
knowledge should be used for the greater benefit of the community, and in the case
of patent rights, it dramatically restricts the ‘serviceability’ of innovation.
The Austrian school of thought argues that the granting of intellectual property
rights slows rather than inspires technological innovation and thus economic growth.
As Heller & Eisenberg (1998) stress in Can Patents Deter Innovation? The
Anticommons in Biomedical Research, the economic use of patents has developed
into a phenomenon of the ”anticommons” where inventors have been subject to
underusing available resources by ‘blocking’ each other, caused by the presence of
patents. Even though the paper is more specifically concerned with the use of
patents in biomedical research, its theory can be applied to any market. This
argument goes along with Schumpeter’s view on innovation, which he claims is
endogenous. According to his theory on ‘creative destruction’ in Can Capitalism
Survive?, innovation emerges from within the existing modes of organisation and
revolutionizes it. Technological innovation makes old methods unprofitable and
creates new ones in which the entrepreneur sees an opportunity to gain a profit.
However, in the Austrian perspective, monopolies prevent creative destruction in
order to defend their economic power in the market. In order to do so, they purchase
patents preventing new entrepreneurs to enter the market. In the Austrian point of
view, with an emphasis on Schumpeter’s theory, creative destruction (capitalism)
cannot survive as long as monopolies keep gaining privileges through the central
governments and their issuance of patents.
Acs & Sanders also discussed the initial purpose of patents and their effects
on the generation of growth within an economy. Even though research has shown
that the issuance of patents has increased the rate of research (measured in
patents), theories claim that the actual “quality” of patents has decreased while their
issuance has not fulfilled the expected generation of economic growth (Jaffe and
Lerner, 2004). In Intellectual Property Rights and the Knowledge Spillover Theory of
Entrepreneurship, Acs and Sanders (2008) state that there must be an “optimum
level of protection” in a sense that too many patents issued could be “too much of a
good thing”, while an equilibrium would still enforce incentives for innovation.
Ultimately, the optimum level would resemble the peak of an inverted U-shaped
relationship among the number of issued patents and their effect on economic
growth.
Furthermore, they follow the so-called knowledge spillover theory and
emphasize their distinction between invention and innovation, including
commercialization. In their view, knowledge is created by inventors, which spills over
other participants in the market through commercialization, which is undertaken by
entrepreneurs. Even though combining these two factors go hand in hand when
generating growth is pursued, it is essential to Acs and Sanders to make a
distinction. As opposed to inventors, entrepreneurs receive a reward (commercial
rent) for investing in R&D, seeing the commercial potential of the invention, and
finally taking the risk of commercializing it. With the introduction of patents, however,
the rewards shifted over from the entrepreneur side to the inventor side, reducing the
incentives for entrepreneurs to commercialize inventions. Consequently, less
commercialization is going to hamper the spillover effect of knowledge and thereby
reduce economic growth. As Jaffe and Lerner (2004) stress, the excessive issuance
of patents in the US system has passed the ‘optimum’ balance and rents should
partially be reallocated to the entrepreneurs in order to spur more more innovation
besides invention.
Patents as Property or Monopoly Rights
Fairly known in the world of economics and related to innovation matters,
patents are also often referred as intellectual property rights (IPRs). Intellectual
property rights refer to creations of the intellect used by a monopoly that is designed
to specify ownership according to an authoritarian body. Monopoly rights are defined
as privileges granted by an authority (governmental or authoritarian individual) to a
person or entity in order to exclude all others from using, producing or selling a
certain good or service, giving them enough power to construct a monopolistic
industry around its protected good. See the resemblance? "Monopoly" rights are
called so due to the great dominance imposed in the industry originated from those.
For a long time now, these monopoly rights have been defined in a similar manner
as have patent rights and the giving sense of ownership to a good or service
considered innovative. Although, alternative economic perspectives do see this
similarity in a different manner. For example, institutionalists see that any kind of
monopoly right is also a property right, since it allows them to own the matters for
controlling of production of that good. In the view of Austrians, patent rights are not
very supported, as they believe that some kind of government intervention should be
induced in order to control the dominance awarded to these "inventors".
Patents are often mislead with property because they can be bought and sold,
as well as the fact that the patent owner has the power to exclude others from the
process of manufacturing or selling, just by using an innovative invention. Although, if
we consider the use of patents for drugs that act as the only treatments for a
disease, then they are obviously used with a monopolistic purpose. Actually,
pharmaceutical companies are known for issuing more and more patents yearly with
only monopolistic purposes. Unlike natural resources, patents are not limited,
meaning that one can innovate as often as his creative capacity allows. Following
this thought, granting patents is a process that is not limited, where no immediate
amount restraints are imposed, meaning that companies engage in a race for
growing the volume of patenting and enjoying the benefits of those.
Therefore, after analyzing the role of patents and innovative methods in
economic growth, it can be deduced that monopoly rights and property rights are
extremely similar as they conclude to the same benefits of being used for monopoly
developing purposes, instead of preserving the common rights to private property.
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