The entire premise of the article is that patents == innovation, and thus, more patents indicate more innovation. As an example, the article mentions that:
Similarly, after Taiwan instituted a rule about IP based on government-funded findings, the Bayh-Dole Act, university patenting increased by 354% between 2004 and 2009.
Clearly, the increase was due to an acceleration of innovative research and not because of an act that made previously un-patentable research now available for patents.
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