We have roughly parallel views on the topic, except I believe inventors have rights to their intellectual properties. Nevertheless, I like the idea other companies may "copy" BYD's invention for the purpose of enriching the general public (and their own pockets). However, the devil is always in the details, so there are real world considerations to take into account. Two immediate items come to mind:
- Given the amount of investment high-tech research/innovations require in talent, material, and money, two or three years may not be long enough to recoup shareholder investments, to say nothing of making profits. Longer patent times, adequate IP protections, and unbiased government enforcements are required to make it work. That's what the shouting is all about.
- What exactly does your idea of copying "with no bounds" means? Is BYD obligated by law to hand over its innovations to competitors and non-competing research organizations (universities and technology think tanks), or do they have to reverse engineer? I like the essence of what I think you said, because if it's carried out in reasonable ways, the society at large can benefit more than it loses.
I think me and you are on the same boat, even in terms of the notion of "owning" the intellectual property. What constitutes "ownership" or not only depends on how you define the term. Since IP isn't like any physical property, and can be copied, it therefore depends on whether you define "ownership" as a right to restrict copies or request loyalties from the copies.
And the devil is indeed in the details. I only suggested two or three years as a random ball park---the idea being that it should be long enough for a reasonable profit, but should not be longer than necessary, and become some kind of long term asset or stick that one can use to beat competitors down with. In practice, I guess the exact years of patent should be determined on:
1. the cost of development, which may be submitted and perhaps verified by an independent body during the application process.
2. a maximum legally allowed time limit for all patents of a particular category
3. a cost based patent time length application system, where you get a free minimum period, and for every year you wish to add, you need to pay for a cost in the applied category which are monitored and adjusted by a government body. The cost function does not have to be linear (can be quadratic or even exponential w.r.t. added time), and the maximum ceiling still applies.
When the patent expires, ideally, I think the said technology (for the maximum benefit to society) should then be made to become open-source. HOWEVER, in practice I think this would be very difficult to implement and enforce. No company will want to give up their trade secrets. And behind every successful technology, there are countless test data and prototypes that would be totally unfair to force the companies to release these hard-earned data to their competitors.
So, practically speaking, I think once the patent expires, just allowing reverse-engineering and remove the initial patent owner's ability to sue against a "copy of idea" would be good enough.