Biotechnology and Software Patent Law

Biotechnology and Software Patent Law

A Comparative Review of New Developments

New Directions in Patent Law series

Edited by Emanuela Arezzo and Gustavo Ghidini

The new millennium has carried several challenges for patent law. This up-to-date book provides readers with an important overview of the most critical issues patent law is still facing today at the beginning of the twenty first century, on both sides of the Atlantic.

Chapter 2: Innovation in the New Technological Industries: Looking for a Consistent Cooperative Model

Valeria Falce

Subjects: environment, biotechnology, environmental law, law - academic, biotechnology and pharmaceutical law, environmental law, intellectual property law

Extract

Valeria Falce INTRODUCTION It is a common understanding that the modus procedendi of the technological progress follows different trajectories.1 Whereas in some industries the inventive activity leads to stand-alone solutions, in others technical changes are interdependent.2 In some of the latter, science creates technique in a continuous feed-back, and in this mutual retroactive exchange3 new technical findings are typically incremental and cumulative. In others, continuity is not between basic and applied research, but between each single technical advance realized in the common field of research which, as a result, has an economic value only in connection with the others. 1 See R. Nelson and S. Winter, An Evolutionary Theory of Economic Change, Belknap/Harvard University Press, Cambridge, Mass. and London, 1982, 329; D. Sahal, Patterns Of Technological Innovation, Addison-Wesley Pub. Co., Advanced Book Program/World Science Division, 1981; G. Dosi, ‘Technological Paradigms and Technological Trajectories: A Suggested Interpretation of the Determinants and Directions of Technical Change’, Res. Pol’y, 1982, 147. On the dynamics of innovation, please see inter alia V. Falce, Profili pro-concorrenziali dell’istituto brevettuale, Giuffrè, Milan, 2008, Chapter II. 2 W. Landes defines the chemistry as ‘the most miscellaneous of industries’: W. Landes, The Unbound Prometheus, 1969, 269. See also M. Bellenghi, ‘Nuovo prodotto chimico: protezione brevettuale assoluta o limitata all’uso?’, Riv. dir. ind., 1987, I, 183; G. Bergomi, La tutela brevettuale dell’intermedio, in I nuovi Brevetti, Biotecnologie e invenzioni chimiche, Adriano Vanzetti (ed.), Giuffrè, Milano, 1995, 110; V. Di Cataldo, La problematica delle invenzioni chimiche, in I nuovi Brevetti,...

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