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Perspectives on Patentable Subject Matter brings together leading scholars to offer diverse perspectives on the question of which types of subject matter are even eligible for patent protection, setting aside the widely known requirement that a claimed invention avoid the prior art and be adequately disclosed. Some leading commentators and policy-making bodies and individuals envision patentable subject matter to include anything under the sun made by humans, others envision a range of restrictions for particular fields of endeavor, from business methods and computer software to matters involving life, such as DNA and methods for screening or treating disease. Employing approaches that are both theoretically rigorous and grounded in the real world, this book is well suited for practicing lawyers, managers, lawmakers and analysts, as well as academics researching or teaching in law schools, business schools, public policy schools, and in economics and political science departments.
Intellectual property is a vital part of the global economy, accounting for about half of the GDP in countries like the United States. Innovation, competition, economic growth and jobs can all be helped or hurt by different approaches to this key asset class, where seemingly slight changes in the rules of the game can have remarkable impact. This book brings together diverse perspectives from the fields of law, economics, business and political science to explore the ways varying approaches to intellectual property can positively and negatively impact our economy and society. Employing approaches that are both theoretically rigorous and grounded in the real world, Perspectives on Commercializing Innovation is well suited for practising lawyers, managers, lawmakers and analysts, as well as academics conducting research or teaching in a range of courses in law schools, business schools and economics departments, at either the undergraduate or graduate level.
Intellectual property (IP) is a vital and growing part of the global economy, accounting for about half of the gross domestic product in countries such as the United States. Innovation, competition, economic growth, and jobs, all can be helped or hurt by different approaches to IP. But as is so often the case, the devil is in the details, and seemingly slight changes in the particular rules of the game can have remarkable impact. This book brings together diverse perspectives from the fields of law, economics, business, and political science to explore the ways varying approaches to this driving element of our economy and society can positively and negatively impact life at home and abroad.
A central debate within the field of IP relates to its very purpose. Some see IP rights as tools for granting private monopolies or other privileges directly to creative or inventive individuals. Some of those focusing on such a direct link begrudge IP as a form of harmful patronage to a select few politically effective beneficiaries, while others focusing on this direct link offer IP as helpful rewards for inventive or creative efforts. Others see IP as a more indirect set of tools for getting new inventions or creations put to use, and they embrace the right to exclude as a coordination device for getting diverse business parties to strike the necessary deals with each other so as to help achieve appropriate distribution and commercialization of intellectual as-sets. All seem to agree that IP rights work best when they help increase innovation and competition while getting ideas put to use as broadly and rapidly as possible. Not all agree on what this means for how the rules of the game should be structured or whether particular forms of creative and inventive works should be protected by legal IP systems at all. This book presents several perspectives on the many economic, legal, and scientific issues surrounding the commercialization of IP, with a focus on patents.