Tell Us: Is Intellectual Property Even Property at All? Businesses spend a lot of time and money fretting over patent issues, but perhaps the concept of intellectual property as a whole needs to be re-examined.

By Ray Hennessey Edited by Dan Bova

Opinions expressed by Entrepreneur contributors are their own.

intellectual-property.legalhelp.org

Is intellectual property even property at all?

Businesses fret over IP issues all the time. On the one hand, they covetously protect what ideas they believe are theirs alone, making sure to use the courts to protect the exclusivity of whatever products grow from those thoughts. On the other hand, these same companies often find themselves on the receiving end of lawsuits from others who claim their ideas were not as original as they thought. It's worse that there are also patent trolls who have made a business out of threatening lawsuits over intellectual property.

Related: Angry Business Owner Wages War on 'Troll'

But are these patent fights even valid? Attorney David D'Amato argues that they are not -- that, in fact, intellectual property is not true property at all. Ideas are evolutionary. In short, he says, endowing ideas with rights is ridiculous and impossible.

"Any attempt to neatly partition the contributions made by one mind or another, through all the ages of invention and scientific discovery, is vain and fruitless to the point of inanity," he writes. "Inventions constantly both absorb and propagate one another, plagiarizing, consuming and collaborating to create still newer inventions. To source any idea whatsoever to a particular individual or group is to assume that we know far more than we ever could about the full picture of the idea's germination and evolution."

By assigning rights to intellectual property, argues D'Amato, "is a millstone around the neck of innovation and technological progress, a political mechanism for stifling both in favor of bare monopoly."

Businesses spend a lot on intellectual property. Even filing for a patent for a simple, basic ideas will cost the inventor a minimum of $5,000, and usually more. Then there is the cost of defending and protecting patents and IP.

Is it worth it? Should we treat intellectual property as property at all?

Tell us your opinion.

Ray Hennessey

Former Editorial Director at Entrepreneur Media

Ray Hennessey is the former editorial director of Entrepreneur.

Want to be an Entrepreneur Leadership Network contributor? Apply now to join.

Devices

Business Owners are Grabbing as Many of These MacBooks as They Can

The Touch Bar is uniquely suited to the multitaskers, and it's only $399.99

Thought Leaders

10 Things I Wish I Knew Before I Took My Company Public

What I wish I would have known through the many turmoils of experience that lead to necessary wisdoms for company survival.

Business Ideas

70 Small Business Ideas to Start in 2025

We put together a list of the best, most profitable small business ideas for entrepreneurs to pursue in 2025.

Business News

Uber's CEO Says Drivers Have About 10 Years Left Before They Will Be Replaced

Uber CEO Dara Khosrowshahi says the jobs of human drivers are safe for the next decade, but after that, another type of driver will take over.

Business News

Elon Musk's DOGE Is Hiring People Eager to 'Work Long Hours' to Eliminate 'Waste, Fraud and Abuse' in the Government. Here's How to Apply.

The Department of Government Efficiency is hiring U.S. citizens to help cut spending and headcounts in the federal government.

Business News

'Everyone Can Profit From It': What Is DeepSeek? China's 'Cheap' to Make AI Chatbot Climbs to the Top of Apple, Google U.S. App Stores

DeepSeek researchers claim it was developed for less than $6 million, a contrast to the $100 million it takes U.S. tech startups to create AI.