Economic Justification of Patents and Exceptions to Patentability
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Economic Justification of Patents and Exceptions to Patentability. / Nordberg, Ana.
In: N I R, Vol. 3, No. 2012, 2012, p. 316-329.Research output: Contribution to journal › Journal article › Research › peer-review
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TY - JOUR
T1 - Economic Justification of Patents and Exceptions to Patentability
AU - Nordberg, Ana
PY - 2012
Y1 - 2012
N2 - The present article is the conclusion of a review of economic justifications for patent rights conducted with the objective of determining whether such arguments are per se capable of sustaining the existence of a different patentability regime for inventions of methods for treatment and diagnostic methods (art.53 (c) European Patent Convention). It starts by exploring the normative background and summarily describes the different types of claims allowed under the current legal framework and their differences. The following sections will describe and apply the main economic arguments sustaining patent rights inventions of methods for treatment and diagnostic methods. These reasoning will be later confronted with contra-arguments. This piece will finalize with the formulation of conclusions extracted from the previous debate, inter-alia that economic reasoning does not per se sustain the existence of the so-called 'medical exception' in European patent law.
AB - The present article is the conclusion of a review of economic justifications for patent rights conducted with the objective of determining whether such arguments are per se capable of sustaining the existence of a different patentability regime for inventions of methods for treatment and diagnostic methods (art.53 (c) European Patent Convention). It starts by exploring the normative background and summarily describes the different types of claims allowed under the current legal framework and their differences. The following sections will describe and apply the main economic arguments sustaining patent rights inventions of methods for treatment and diagnostic methods. These reasoning will be later confronted with contra-arguments. This piece will finalize with the formulation of conclusions extracted from the previous debate, inter-alia that economic reasoning does not per se sustain the existence of the so-called 'medical exception' in European patent law.
KW - Faculty of Law
M3 - Journal article
VL - 3
SP - 316
EP - 329
JO - N I R
JF - N I R
SN - 0027-6723
IS - 2012
ER -
ID: 40840264