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The Development of an Expectations Theory of Patent Law by Creating a Nexus with John Locke's Theory of Private Property.

紀錄類型:	書目-電子資源 : Monograph/item
正題名/作者:	The Development of an Expectations Theory of Patent Law by Creating a Nexus with John Locke's Theory of Private Property./
作者:	Newman, Jason D.
面頁冊數:	1 online resource (241 pages)
附註:	Source: Dissertations Abstracts International, Volume: 85-01, Section: B.
Contained By:	Dissertations Abstracts International85-01B.
標題:	Innovations. -
電子資源:	http://pqdd.sinica.edu.tw/twdaoapp/servlet/advanced?query=30537965click for full text (PQDT)
ISBN:	9798379873394

The Development of an Expectations Theory of Patent Law by Creating a Nexus with John Locke's Theory of Private Property.
Newman, Jason D.

The Development of an Expectations Theory of Patent Law by Creating a Nexus with John Locke's Theory of Private Property. - 1 online resource (241 pages)

Source: Dissertations Abstracts International, Volume: 85-01, Section: B.

Thesis (Ph.D.)--The University of Western Ontario (Canada), 2023.

Includes bibliographical references

This thesis reviews the Lockean justification of private physical property as an explanation for patent "property," identifies its weaknesses, and modifies it to create a new theory of patent law based on expectations. After describing the characteristics of technical information, that description is applied to three different interpretations of the Lockean condition which demonstrate a strain in defining technical knowledge as property. The technical information paradigm is then applied to an expectations theory, which demonstrates a broad connection to the Lockean conditions, but maintains a fit within a wider patent law interpretation. The expectations theory also creates an avenue for reintroducing utility assessments of patents and setting flexible patent terms. An example of a new medicine is used to test the various forms of the Lockean condition and the expectations model.The historical development of modern patent law is reviewed then separated into two periods, which are subsequently generalized. While the early period prioritized utility assessments, working requirements and the individualization of patent terms, the later period minimized the importance of utility and working requirements, but prioritized inventiveness. The three different Lockean conditions, along with the expectations theory, are applied to the generalized form of each historical era. While each form of the Lockean condition illustrates a unique relationship to the patent law eras, the expectations model provides an encompassing explanation because of its fitness with the definition of technical information.The analysis demonstrates that patent law can be categorized as either strong form patent law or weak form patent law, based on what can be expected from it. While the strong form creates an expectation of a societal benefit from a patent beyond simply disclosing it, the weak form does not. The utility assessments of patents in the first era, along with the individualization of patent terms meant that the first era exhibited strong form patent law. The loss of utility assessments, working requirements, and adjustable patent terms during the second era characterize it as weak form. While nonobviousness narrowed the scope of patent to things that were truly innovative in the second era, it was not a sufficient basis for ensuring that a Lockean bargain was achieved.The modified expectations model is then applied to Canada's pharmaceutical patent law history to demonstrate how Canada's patent law with respect to pharmaceuticals changed from strong form to weak form once it relinquished its compulsory licensing provisions, leaving few expectations from foreign-registered pharmaceutical patents by the early nineties.The pharmaceutical patent law history of Canada also illustrates the difference in competitors that a modified Lockean theory of patent law creates - close competitors who can act upon each other's patented information and far competitors, where one competitor cannot act upon the other's patented technological information that it patents.

Electronic reproduction.
Ann Arbor, Mich. :
ProQuest,
2023

Mode of access: World Wide Web

ISBN: 9798379873394Subjects--Topical Terms:

754112
Innovations.
Index Terms--Genre/Form:

542853
Electronic books.

The Development of an Expectations Theory of Patent Law by Creating a Nexus with John Locke's Theory of Private Property.
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500 $a Source: Dissertations Abstracts International, Volume: 85-01, Section: B.
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502 $a Thesis (Ph.D.)--The University of Western Ontario (Canada), 2023.
504 $a Includes bibliographical references
520 $a This thesis reviews the Lockean justification of private physical property as an explanation for patent "property," identifies its weaknesses, and modifies it to create a new theory of patent law based on expectations. After describing the characteristics of technical information, that description is applied to three different interpretations of the Lockean condition which demonstrate a strain in defining technical knowledge as property. The technical information paradigm is then applied to an expectations theory, which demonstrates a broad connection to the Lockean conditions, but maintains a fit within a wider patent law interpretation. The expectations theory also creates an avenue for reintroducing utility assessments of patents and setting flexible patent terms. An example of a new medicine is used to test the various forms of the Lockean condition and the expectations model.The historical development of modern patent law is reviewed then separated into two periods, which are subsequently generalized. While the early period prioritized utility assessments, working requirements and the individualization of patent terms, the later period minimized the importance of utility and working requirements, but prioritized inventiveness. The three different Lockean conditions, along with the expectations theory, are applied to the generalized form of each historical era. While each form of the Lockean condition illustrates a unique relationship to the patent law eras, the expectations model provides an encompassing explanation because of its fitness with the definition of technical information.The analysis demonstrates that patent law can be categorized as either strong form patent law or weak form patent law, based on what can be expected from it. While the strong form creates an expectation of a societal benefit from a patent beyond simply disclosing it, the weak form does not. The utility assessments of patents in the first era, along with the individualization of patent terms meant that the first era exhibited strong form patent law. The loss of utility assessments, working requirements, and adjustable patent terms during the second era characterize it as weak form. While nonobviousness narrowed the scope of patent to things that were truly innovative in the second era, it was not a sufficient basis for ensuring that a Lockean bargain was achieved.The modified expectations model is then applied to Canada's pharmaceutical patent law history to demonstrate how Canada's patent law with respect to pharmaceuticals changed from strong form to weak form once it relinquished its compulsory licensing provisions, leaving few expectations from foreign-registered pharmaceutical patents by the early nineties.The pharmaceutical patent law history of Canada also illustrates the difference in competitors that a modified Lockean theory of patent law creates - close competitors who can act upon each other's patented information and far competitors, where one competitor cannot act upon the other's patented technological information that it patents.
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538 $a Mode of access: World Wide Web
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650 4 $a Intellectual property. $3 572975
650 4 $a Inventors. $3 534219
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650 4 $a Private property. $3 3682930
650 4 $a Patent law. $3 3168356
650 4 $a Philosophy. $3 516511
650 4 $a Inventions. $3 532009
650 4 $a Law. $3 600858
650 4 $a Pharmaceutical sciences. $3 3173021
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773 0 $t Dissertations Abstracts International $g 85-01B.
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