What?: Subject and scope of moral assessment

Joanna Wisniowska

Chapter 2 in Morality in the Unitary Patent System, 2026, pp 28-53 from Edward Elgar Publishing

Abstract: The innovation of this study lies in the tailor-made methodological framework for studying the morality patent exception, paving the way for a new interpretative theory. It is designed as a four-step guide: what is subjected to moral assessment?; who undertakes it?; when does it happen?, which all eventually leads to the central issue, namely, how to conduct the moral assessment of inventions. Chapter 2 explores the first question. It critically examines the scope for undertaking moral assessment by asking which aspect or conduct must be found contrary to morality to trigger the exception. Although the provision explicitly refers to ‘commercial exploitation’ of the invention, legal scholarship and case law have pondered the possibility of extending its reading, warranting further analysis. Ultimately, the Chapter proposes its own model of defying the subject of moral assessment linking the exception to requirements of sufficient disclosure and scope of protection arising from a patent.

Keywords: Scope of moral assessment; Negative property right; Patent monopoly; Informed consent; Brüstle; Commercial exploitation (search for similar items in EconPapers)
Date: 2026
ISBN: 9781035365395
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