This original and exploratory book discusses the deontological and utilitarian moral concerns that underlie the current disputes in the US and around the world over what can and cannot be patented. Many now argue that the patent system is over-extended, applying not just to technologies, but also to other areas of human activity, causing serious legal and political challenges to be raised. Joshua Sarnoff traces the history of the exclusions from patentable subject matter, and explores the legislative and judicial patent law history of the US. The history establishes a framework to better understand and explain the current moral and political disputes regarding what should and should not be patented, and what should remain in the public domain. The author discusses, among other things, religious beliefs and conceptions of nature; English cases; the Colonial experience, the language of the US Constitution, and the different moral limits found within its text; and the limits that may remain through constitutional and statutory interpretation.
- ISBN:
- 9781847207845
- 9781847207845
-
Category:
- Patents law
- Format:
- Hardback
- Publication Date:
-
31-05-2022
- Publisher:
- Edward\Elgar#Publishing Limited
- Country of origin:
- United Kingdom
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