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Patent law
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Patent
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History
Economics
Criticism
Procedural concepts
Application
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Opposition
Valuation
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Patentability requirements and related concepts
Patentable subject matter
Inventorship
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Inventive step and non-obviousness
Industrial applicability
Utility
Person skilled in the art
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Other legal requirements
Sufficiency of disclosure
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By region / country
Patent Cooperation Treaty (PCT)
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Canada
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By specific subject matter
Biological
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Insurance
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Tax
See also
Patent analysis
Pirate Party
Category
Glossary
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Legal scholars, economists, activists, policymakers, industries, and trade organizations have held differing views on patents and engaged in contentious debates on the subject. Critical perspectives emerged in the nineteenth century that were especially based on the principles of free trade.[1]: 262–263 Contemporary criticisms have echoed those arguments, claiming that patents block innovation and waste resources that could otherwise be used productively,[2] and also block access to an increasingly important "commons" of enabling technologies (a phenomenon called the tragedy of the anticommons),[3] apply a "one size fits all" model to industries with differing needs,[4] that is especially unproductive for industries other than chemicals and pharmaceuticals and especially unproductive for the software industry.[5] Enforcement by patent trolls of poor quality patents has led to criticism of the patent office as well as the system itself.[6] Patents on pharmaceuticals have also been a particular focus of criticism, as the high prices they enable puts life-saving drugs out of reach of many people.[7] Alternatives to patents have been proposed, such Joseph Stiglitz's suggestion of providing "prize money" (from a "prize fund" sponsored by the government) as a substitute for the lost profits associated with abstaining from the monopoly given by a patent.[8]
These debates are part of a larger discourse on intellectual property protection which also reflects differing perspectives on copyright.
^Johns, Adrian: Piracy. The Intellectual Property Wars from Gutenberg to Gates. The University of Chicago Press, 2009, ISBN 9780226401188
^Levine, David; Michele Boldrin (2008-09-07). Against intellectual monopoly(PDF). Cambridge University Press. ISBN 978-0-521-87928-6.
^Heller, Michael; Eisenberg, Sue (May 1, 1998). "Can Patents Deter Innovation? The Anticommons in Biomedical Research". Science. 280 (5364): 698–701. doi:10.1126/science.280.5364.698. PMID 9563938.
^Richard A Posner for The Atlantic. July 12, 2012. Why There Are Too Many Patents in America
^Bessen, James, and Michael J. Meurer. Patent Failure: How Judges, Bureaucrats, and Lawyers Put Innovators at Risk. Princeton, NJ: Princeton University Press, 2008. 2009 paperback edition, ISBN 9781400828692
^Barker, David G. (2005). "Troll or no Troll? Policing Patent Usage with an Open Post-grant Review". Duke Law & Technology Review. 9 (11). Retrieved 9 June 2013.
^Banta D.H. (2001) Worldwide Interest in Global Access to Drugs Journal of the American Medical Association 285 (22): 2844–46
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