Patents for Development

Patents for Development

Improved Patent Information Disclosure and Access for Incremental Innovation

Nefissa Chakroun

This book investigates whether it is possible to execute the disclosed technologies just by reading the patent application. Nefissa Chakroun argues that while TRIPS Agreement obliges inventors to disclose full and complete disclosure, patent information users lack the capacity to fully utilise such information for their economic development. The book offers a critical analysis of the disclosure requirements of the patent system as well as an in-depth examination of the ways in accessing and retrieving patent information. Chakroun articulates proposals for strengthening the disclosure and methods for enhancing retrieval and exploitation of the technological knowledge, including an integrated policy on how patent information could be better utilised for development

Chapter 9: Conclusion: policy for promoting incremental innovation and development through exploitation of patent information

Nefissa Chakroun

Subjects: development studies, law and development, law - academic, intellectual property law


This book focused on the disclosure function of the patent system as a means for enhancing cumulative research and incremental innovation. Its primary aim was to examine the adequacy of the disclosure requirement in so far as it enables access to and use of technologies encamped in patent documents. In this respect, the book tested the hypothesis that while article 29 of TRIPS obliges the patentee to make a clear and complete disclosure of the invention, in practice patent information users, particularly those in developing countries lack the capacity to access, retrieve and exploit such information for development. Since the disclosure requirement might not be necessarily adequate to allow optimal exploitation of such information, the author further argued that a right of access to patent information should be made explicit in law rather than implicit. In what follows, the book attempts to sum up the main problems related to the use of patent information and suggests ways forward to resolve them. Without being exhaustive, five main aspects have been analysed in view of suggesting an integrated framework for promoting exploitation of patent information. Put together, these five parts are expected to form a balanced and integrated policy designed to promote incremental innovation and development through exploitation of patent information.

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