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Innovation and the Unintended Consequence of Intellectual Property Patents

 

By Michael Foerst, Missouri Employers Mutual

While it may have its moments, the insurance industry doesn’t have a reputation as a leader in the area of innovation. One result of that is illustrated in the recent P&C Update issued by the Insurance Information Institute. The update indicates that from the period 1955 through 2006 the insurance industry return on equity (ROE) was below the average of all industries over 85% of the time. If all industries were operating in the same economic market an obvious question that presents itself is why has the insurance industry so consistently underperformed?

In the Insurance 2020 whitepapers, IBM makes a number of key observations about the current state of the insurance industry and what that might mean for the future. The first point is that changes implemented by the insurance industry over the last several decades were at the tail end of larger changes and directed at improving existing processes. In addition, although making improvements in processes and operations using newer technology felt like the right thing to do, it was actually just a proxy for real innovation. These changes supplied a stream of revenue enhancements of some stability but left the industry open to disruptive change. If the industry continues to follow this course, carriers will logically see diminishing returns on these types of changes and leave open the potential of a new competitor that will capture a significant portion of the market.

That being the case it seems obvious that there is a need to recreate parts of the industry. Yet, barriers and obstacles abound that limit or compromise an organization’s ability to introduce truly new or unique solutions. It starts from within. Most organizations have a natural commitment to the way things have always been, to maintaining the status quo. Another issue is that organizations typically aren’t organized to support the type of teamwork that is needed for taking the leap to a new s-curve. Management commitment to the operational disruption brought on by innovation is another challenge. Too often the leadership team that leads the charge for innovative solutions is not ready for the impacts on processes that seem to be working just fine. There are also the external hurdles with which to contend. Customers need to perceive the value in the new approach even if it is very different than it was before and we have to understand the concerns of the distribution channel as well as regulators.

In the area of technology, patents on intellectual property are becoming a more frequent obstacle to innovation. Patents are supposed to be granted only if the invention is novel and not obvious. Yet patents on solutions that are viewed as obvious by most in the technology field seem to be easier to get in recent years. The legal system has complicated this further by making it more difficult to invalidate an inappropriate patent than to prove infringement. The landscape is getting so difficult to navigate with all of the overlapping technology patents that many companies have little choice but to move down the path and wait for claims of infringement to appear.

We often think of inventions coming from the eccentric individual inventor or the scientists working in large formal laboratories. Today there is a new collaborative model of invention that has evolved to take on the ever increasing complexity of some of the problems we’re facing. A large number of contributors may join together informally to take on the problem for the good of all. One of the classic examples of this today is the open source movement that has introduced a number of very successful software products that many of us are running. For one entity to then attempt to patent the work seems contrary to the intent of the patent system.

“Get a dozen sharp programmers together, give them all a hard problem to work on, and a bunch of them will come up with solutions that would probably be patentable, and be similar enough that the first programmer to file the patent could sue the others for patent infringement. Why should society reward that? ... The programmer that filed the patent didn't work any harder because a patent might be available, solving the problem was his job and he had to do it anyway. ... Yes, it is a legal tool that may help you against your competitors, but I'll have no part of it. It's basically mugging someone." (John Carmack, Co-owner, id Software, 2005, sharing his opinion on Slashdot)

The protection of truly innovative solutions by a functioning patent system is vital to our technological advancement and economic growth but unless that patent system stays in touch with the real world it can actually inhibit innovation and progress.

 

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