Economic Justification of Patents and Exceptions to Patentability

Nordic Intellectual Property Law Review (NIR) 3/2012:316-329

Posted: 1 Dec 2015

See all articles by Ana Nordberg

Ana Nordberg

Faculty of Law, Lund University, Sweden

Date Written: March 2012

Abstract

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 capable, per se, of sustaining the existence of a different patentability regime for inventions relating to methods for treatment and diagnostic methods. Under the European Patent Convention, inventions relating to such methods can not be patentable. The present article 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 apply to inventions of methods for treatment and diagnostic methods the major economic argumentations that traditionally justify the grant of patent rights, confront such reasoning with possible contra-arguments and end with the formulation of conclusions extracted from the previous debate.

Keywords: Patents, EPC, Medical methods, method claims

Suggested Citation

Nordberg, Ana, Economic Justification of Patents and Exceptions to Patentability (March 2012). Nordic Intellectual Property Law Review (NIR) 3/2012:316-329. Available at SSRN: https://ssrn.com/abstract=2697114

Ana Nordberg (Contact Author)

Faculty of Law, Lund University, Sweden ( email )

Lilla Gråbrödersgatan 4
Lund, 222 22
Sweden
+46462221054 (Phone)

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