Increasing Access to Patented Inventions by Post-grant Measures:

Jens Hemmingsen Schovsbo

doi:10.3152/030234209X475434

Increasing Access to Patented Inventions by Post-grant Measures:

Jens Hemmingsen Schovsbo

Faculty of Law

6 Citations (Scopus)

Abstract

This paper builds on the recommendation in the STOA Report (2007) to improve the European patent system to "Increase Access to Patented Inventions". The paper first provides some background information to the patent system and to the limitations on access to protected technology from "thickets" and the so called "tragedy of the anticommons". Next the paper discusses the use of (some) post grant measure to increase access to patented inventions. Traditionally patent law has not paid much attention to such measures. The paper argues that developments suggest that there is good reason to reconsider this reluctance and to include measures in the European patent legislation which seek to increase access to patented inventions. Finally the paper presents and discusses three such measures: Compulsory licences, licences of rights, and behavioural rules

Original language	English
Journal	Science and Public Policy
Volume	36
Issue number	8
Pages (from-to)	609-618
Number of pages	10
ISSN	0302-3427
DOIs	https://doi.org/10.3152/030234209X475434
Publication status	Published - 2009

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10.3152/030234209X475434

Cite this

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