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Article
Patent First, Litigate Later! The Scramble for Speculative and Overly Broad Genetic Patents: Implications for Access to Health Care and Biomedical Research
Canadian Journal of Law and Technology. Volume 2, Number 2 (2003), p. 83-98.
  • Ikechi Mgbeoji, Osgoode Hall Law School of York University
  • Byron Allen
Document Type
Article
Publication Date
1-1-2003
Abstract
One of the theoretical premises of the patent system is that it enhances the dissemination of valuable information by assuring creators of new inventions a limited monopoly for the exploitation of their inventions. As a tool of state policy, the patent system seeks to catalyze the industrialization of the state, disclosure of information by inventors, and ultimately, the enrichment of the public domain in a manner that benefits both the inventor and the Society. Consequently, the patent system is often characterized as a form of contract between the inventor and the state. As a consideration for disclosing the secret of the invention, so this theory says, the state grants the inventor limited monopoly over the use of the invention. The implicit assumption in this Simplified theoretical construction of a complex system is that the inventor and the society benefits mutually from the bargain.
Creative Commons License
Creative Commons Attribution-Noncommercial-No Derivative Works 4.0
Citation Information
Mgbeoji, Ikechi, and Byron Allen. "Patent First, Litigate Later! The Scramble for Speculative and Overly Broad Genetic Patents: Implications for Access to Health Care and Biomedical Research." Canadian Journal of Law and Technology 2.2 (2003): 83-98.