An Exploration of the Principles, Precepts and Purposes That Provide Structure to the Patent System

摘要

The patent system is an integral part of national economies. This article is founded on a belief that the underlying structure of that system is, currently, incompletely understood. This lack does not impact on the operation of the system but may contribute to the effectiveness of attempts to reform the system. A structure is proposed that includes aspects of the system that are fundamental to its operation—the principles of state power, individual choice and the value of knowledge—and normative aspects, or "precepts". These precepts are incentive, accountability, accessibility and the acceptance of risk. The precepts are connected to, but distinct from, the purposes of individual players in the system. The suggested structure allows for an understanding of the system that separates the mutable from the immutable: a distinction that provides guidance for that which may be changed, and that which may not be altered, by government policy.