Morality as a foreign term: Interdisciplinary transplants

Joanna Wisniowska

Chapter 4 in Morality in the Unitary Patent System, 2026, pp 80-115 from Edward Elgar Publishing

Abstract: The source of interpretative hurdles posed by the morality exception is often attributed to the concept's foreign nature, ill-fitted for patent examination. Patent authorities lack preparedness and aptitude to assess the moral aspects of modern technologies—a task commonly reserved for regulators and ethicists. While some search for the solution in (improbable) removal of the clause from patent law, others call for equipping judges with knowledge of moral philosophy to help them with the task. To validate the soundness of such proposals, Chapter 4 attempts to locate suitable definitions of morality in philosophical studies to determine whether awareness thereof gained by patent authorities would realistically aid them in the moral assessment of inventions. The method designed for this purpose has been called ‘intradisciplinary transplants’, with selected definitions tested for their appropriateness in being transplantable into patent practice.

Keywords: Normative ethics; Abhorrence; Norm expressivism; Common morality; Act utilitarianism; Rule utilitarianism (search for similar items in EconPapers)
Date: 2026
ISBN: 9781035365395
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