Access to Information and Knowledge
Show Less

Access to Information and Knowledge 21st Century Challenges in Intellectual Property and Knowledge Governance

21st Century Challenges in Intellectual Property and Knowledge Governance

  • Elgar Intellectual Property and Global Development series

Edited by Dana Beldiman

Massive quantities of information are required to fuel the innovation process in a knowledge-based economy; a requirement that is in tension with intellectual property (IP) laws. Against this backdrop, leading thinkers in the IP arena explore the ‘access challenge’ of the 21st century, framed as the tension between the interest in the free flow of information and the fragmentation of knowledge resulting from strong IP laws.
Buy Book in Print
Show Summary Details
You do not have access to this content

Chapter 5: Patent eligibility - the 'sick-man' of patent law

Erika Ellyne

Extract

‘Marking off boundaries in intellectual property is essentially a policy choice which has major implications for innovation. Boundaries that are marked off too broadly may impair the ability of individuals to create, innovate or improve upon the works of others. Boundaries that are set too narrowly, or that fail to protect the most socially valuable aspects of writings or inventions, may diminish the incentive to create or innovate. To promote science and the useful arts, policymakers must strike an optimal balance between what belongs to a creator and what belongs to the public domain.’ This quote clearly sets out the major challenge of patent law: to balance incentive and access, private interests and public interests, and to delineate that which is eligible for patent protection from that which belongs to the public domain. In the following pages, we investigate these relationships and their manifestation (or lack thereof) in patent eligibility practices. Section 2 sets out the patent rationale to induce innovation, but simultaneously balance access and public policy concerns. Section 3 explains the normative role of patent eligibility and its function in this respect. Section 4 investigates the practice of patent eligibility; retracing the evolution of patent eligibility standards, in particular the technical effects doctrine, in the praxis of the Technical Boards of Appeal (TBoA) of the European Patent Office (EPOff). Section 5 discusses how patent eligibility standards have been eroded and the effects on the assessment of inventive step.

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

or login to access all content.