Abstract

http://ssrn.com/abstract=1104899
 
 

Footnotes (47)



 


 



Using Insights from the History of Science to Redefine Patentable Subject Matter Under the IP Clause of the U.S. Constitution


Sean M. O'Connor


University of Washington - School of Law

October 8, 2007

NBL Annual IP Report (Bessatsu NBL), No. 123, 2008

Abstract:     
Over the past few years, Congress, the Supreme Court, academics, and the public in the United States have become increasingly concerned with the scope of patentable subject matter. Various critiques based on notions of patent thickets, anti-commons, and upstream patents in particular argue that research is being hindered by excessive patenting of scientific and technological innovation. While empirical evidence supporting these claims is scant - indeed some recent research rebuts the claims - the concern that too much scientific innovation is being patented still resonates across society. This paper argues that a re-examination of the scope of the Progress (or IP) Clause in the U.S. Constitution with the aid of research and insights from the interdisciplinary field of history and philosophy of science opens the door for a new approach to patentable subject matter.

Number of Pages in PDF File: 34

Keywords: patents, IP, patentable subject matter, progress clause, IP clause, history of science

Accepted Paper Series


Download This Paper

Date posted: March 11, 2008 ; Last revised: May 25, 2014

Suggested Citation

O'Connor, Sean M., Using Insights from the History of Science to Redefine Patentable Subject Matter Under the IP Clause of the U.S. Constitution (October 8, 2007). NBL Annual IP Report (Bessatsu NBL), No. 123, 2008. Available at SSRN: http://ssrn.com/abstract=1104899

Contact Information

Sean M. O'Connor (Contact Author)
University of Washington - School of Law ( email )
William H. Gates Hall
Box 353020
Seattle, WA 98105-3020
United States
206-543-7491 (Phone)
HOME PAGE: http://www.law.washington.edu/faculty/oconnor

Feedback to SSRN


Paper statistics
Abstract Views: 1,006
Downloads: 185
Download Rank: 93,611
Footnotes:  47
Paper comments
No comments have been made on this paper

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo7 in 0.360 seconds