The Utilitarian Fruits Approach to Justifying Patentable Subject Matter

13 Pages Posted: 19 Jun 2011 Last revised: 1 Mar 2017

Date Written: June 19, 2011

Abstract

This article proposes an approach to justifying patentable subject matter that uses Locke as its starting point, and utilitarianism as its end. The patent eligibility of any given subject matter must be a mixture of labour and certain utilitarian incentives. If these elements are present - and if the subject matter in question can be made to fit within the definition of invention (even if slightly uncomfortably) - then courts and tribunals should aim to accommodate it.

Keywords: property, legal theory, jurisprudence, patentable, subject matter, Locke, utilitarianism

Suggested Citation

Crowne, Emir, The Utilitarian Fruits Approach to Justifying Patentable Subject Matter (June 19, 2011). John Marshall Review of Intellectual Property Law, Vol. 10, No. 4, p. 753, 2011, Available at SSRN: https://ssrn.com/abstract=1867367

Emir Crowne (Contact Author)

New City Chambers

No Address Available, N/A

HOME PAGE: http://newcitychambers.com/

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