Journal Article

Exclusions from Patentability and Exceptions to Patentees’ Rights: Taking Exceptions Seriously

Lionel Bently

in Current Legal Problems

Volume 64, issue 1, pages 315-347
Published in print January 2011 | ISSN: 0070-1998
Published online November 2011 | e-ISSN: 2044-8422 | DOI: http://dx.doi.org/10.1093/clp/cur011
Exclusions from Patentability and Exceptions to Patentees’ Rights: Taking Exceptions Seriously

Show Summary Details

Preview

This article investigates the extent to which exclusions from the subject matter of patenting (such as exclusions relating to inventions of business methods or methods of medical treatment) might be replaceable with exceptions to patentees’ rights. The author argues that while many exclusions, such as those relating to immoral inventions, have functions which would not be achievable by exceptions, others, such as those relating to methods of treatment, might easily be replaced by (or supplemented by) exceptions. In those cases, the article goes on to consider the benefits and disadvantages of each method, arguing, on balance, that exceptions have overall advantages. Finally, through an examination of the Agreement on Trade Related Aspects of Intellectual Property Rights (1994) (TRIPs), the article argues that, international law leaves countries free, within certain limits, to adopt exceptions rather than exclusions.

Journal Article.  14745 words. 

Subjects: Law

Full text: subscription required

How to subscribe Recommend to my Librarian

Users without a subscription are not able to see the full content. Please, subscribe or login to access all content.