Economic Justification of Patents and Exceptions to Patentability
Nordic Intellectual Property Law Review (NIR) 3/2012:316-329
Posted: 1 Dec 2015
Date Written: March 2012
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
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