Computer Program Patents and the Law and Policy of Patent Eligible Subject Matter - A Creation of a Private Social Contract?

13 Pages Posted: 7 Sep 2008 Last revised: 27 Oct 2020

See all articles by Nari Lee

Nari Lee

HANKEN School of Economics

Date Written: May 15, 2008

Abstract

Policy matters in the discussion of intellectual property law. On a most superficial level, law differs from policy in the sense that law is neutral and objective, while policy subjectively guides the actions of the societal members. Subjectivity of a policy highlights the need to make the process of policy making neutral, so that the outcome is socially desirable. Law, on the other hand, is an incorporation of the most important core of the public policy. It is obvious that in this sense, objective law and subjective policy are closely connected and interlinked. As in any study of law, the study of intellectual property law need to incorporate this interplay of objective and subjective aspects of law and policy, and an academic research need to constantly question beyond the neutral surface of the law and legal change, and positive interpretation and description of law, to identify the subjective aspects of intellectual property law. In this context, this paper reviews some of the law and policy questions in the development of patentable subject matter rules in Europe, Japan and the US and aim to identify the prevailing policy, in the swing of changes.

Keywords: computer program patents, policy, intellectual property, patent claims

Suggested Citation

Lee, Nari, Computer Program Patents and the Law and Policy of Patent Eligible Subject Matter - A Creation of a Private Social Contract? (May 15, 2008). Available at SSRN: https://ssrn.com/abstract=1263855 or http://dx.doi.org/10.2139/ssrn.1263855

Nari Lee (Contact Author)

HANKEN School of Economics ( email )

P.O. Box 479
FI-00101 Helsinki, 00101
Finland

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