On value-laden patents: a call for moral limits

Benedicto Acosta

International Journal of Ethics and Systems, 2024, vol. 40, issue 4, 829-844

Abstract: Purpose - The main purpose of this paper is to discuss the suitability of moral and ordre public clauses, and to advance the view that ethical reflection within patent systems is valuable. Design/methodology/approach - This is a conceptual paper that draws upon the present situation in Europe to illuminate a discussion of the different views about the morality patents, with particular emphasis on criticism of authors who have espoused a narrow interpretation of moral clauses, such as that adopted by the European Patent Office. Findings - This research found that the claim that patent systems are not appropriate places in which to evaluate moral matters and, therefore, they cannot inform us about morality is false. This is because inventors do not need to wait for authorizing legislation prior to making use of their technology. Hence, moral implications can be evaluated. Research limitations/implications - These ideas also lead to important theoretical consequences, especially regarding the debate on value-laden science and technology. However, further efforts are needed to address other patent regimes, such as the non-European. Practical implications - It is shown how the bioethicist community can be incorporated into patent offices. The responsibilities of examiners and businesses in the process are also discussed. Originality/value - There have been a limited number of studies that examine the value of ethical considerations within the patent system. This paper provides a thought-provoking discussion of moral clauses in Europe. The author also suggests new ways of incorporating ethical scrutiny into patent systems.

Keywords: Ethics; Ordre public; Society; Ethics committee; Technology (search for similar items in EconPapers)
Date: 2024
References: Add references at CitEc
Citations:

Downloads: (external link)
https://www.emerald.com/insight/content/doi/10.110 ... d&utm_campaign=repec (text/html)
https://www.emerald.com/insight/content/doi/10.110 ... d&utm_campaign=repec (application/pdf)
Access to full text is restricted to subscribers

Related works:
This item may be available elsewhere in EconPapers: Search for items with the same title.

Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text

Persistent link: https://EconPapers.repec.org/RePEc:eme:ijoesp:ijoes-04-2023-0077

DOI: 10.1108/IJOES-04-2023-0077

Access Statistics for this article

International Journal of Ethics and Systems is currently edited by Prof Jacob Dahl Rendtorff

More articles in International Journal of Ethics and Systems from Emerald Group Publishing Limited
Bibliographic data for series maintained by Emerald Support ().