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Thanks, rustynails77. I also agree it's very difficult to measure, which is why it fails to qualify as the optimal solution.

There is no magical solution, but the contours of the ideal system will account for the capital requirements of an invention. Areas with low capital requirements, such as "slide to unlock" and "one-click buying," should not warrant patent protection.

Not because they require less ingenuity, but because even absent patent protection, companies would still continue to differentiate through new features and ideas.

It's very similar to music and movies. Artists continue to introduce new sounds and new films even though success spawns a host of copycats.

Would Apple cease innovation on software features -- like "slide to unlock" -- if they weren't granted patent protection? I think it's reasonable to assume not because of the relatively small capital requirements and because of their passion to advance technology.



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