Abstract

http://ssrn.com/abstract=2298433
 


 



Patents as Genre: A Prospectus


Dan L. Burk


University of California, Irvine School of Law

Jessica Reyman


Northern Illinois University

July 25, 2013

25 Law & Literature (Forthcoming)
UC Irvine School of Law Research Paper No. 2013-126

Abstract:     
Like other forms of intellectual property, patents have increasingly been the subject of controversy regarding their successes and failures in promoting and channeling innovation. But unlike other forms of intellectual property, patents are constituted and defined in terms of officially sanctioned texts. As a consequence, patents are deeply embedded in communities of composition, interpretation, and practice. In this paper we outline how genre analysis can be applied to interrogate the "typified rhetorical action" of the patent system and its constituent communities. We argue and demonstrate that understanding the rhetorical work of patents is key to addressing current criticisms of the patent system.

Number of Pages in PDF File: 25

Keywords: patent, intellectual property, genre, composition studies, rhetoric

JEL Classification: O31,O33,O34

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Date posted: July 26, 2013 ; Last revised: August 8, 2013

Suggested Citation

Burk, Dan L. and Reyman, Jessica, Patents as Genre: A Prospectus (July 25, 2013). 25 Law & Literature (Forthcoming); UC Irvine School of Law Research Paper No. 2013-126. Available at SSRN: http://ssrn.com/abstract=2298433

Contact Information

Dan L. Burk (Contact Author)
University of California, Irvine School of Law ( email )
4500 Berkeley Place
Irvine, CA 92697-1000
United States
949-824-9325 (Phone)
Jessica Reyman
Northern Illinois University ( email )
1425 W. Lincoln Hwy
Dekalb, IL 60115-2828
United States
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