Kritika: Essays on Intellectual Property

Kritika: Essays on Intellectual Property

Volume 1

Kritika: Essays on Intellectual Property

Edited by Peter Drahos, Gustavo Ghidini and Hanns Ullrich

The field of intellectual property has broadened and deepened in so many ways, and at such pace, that there is a tendency for academic commentators to focus on the next new thing, or to react immediately to judicial developments, rather than to reflect more deeply on the greater themes of the discipline. The Kritika: Essays on Intellectual Property series is a series of books that are designed to fulfill this role by creating a forum for essays that take a critical, long-term approach to the field of intellectual property. Breaking down the barriers of specialization, and laying the foundation for an emergent critical scholarship, this first book in the series brings together the leading scholars in the field to reflect deeply on the current state and future of their discipline.

Chapter 3: Patent examination and legal fictions: How rights are created on feet of clay

Carlos M. Correa

Subjects: law - academic, intellectual property law


Patents are often considered as creating a true ‘property’, comparable to the rights over a piece of land. But the exclusive rights granted by patents are based on the assessment of compliance with standards that are subjectively interpreted and applied by patent offices and courts. The boundaries of a protected invention are also subject to interpretation. Moreover, in granting patents a number of legal fictions are applied. This chapter examines some of these legal fictions. It intends to show how weak the grounds for creating monopolies over knowledge through the grant of patent rights often are.

You are not authenticated to view the full text of this chapter or article.

Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.

Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.

Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.

Further information