 Cornerstones of the original method of interpreting the patent morality clauseJoanna Wisniowska Chapter 6 in Morality in the Unitary Patent System, 2026, pp 153-169 from Edward Elgar Publishing Abstract: Once settling on morality in patent law as a term of a legal nature, open to idiosyncratic interpretation, the process of building the bespoke method for supranational patent authorities in Europe can finally begin. Chapter 6 lays its foundations and sheds light on the terminology used. It begins by explaining what the concept of ‘legal interpretation’ entails and its desired scope, analysing conflicting views in legal theoretical studies. By adopting the derivational conception of interpretation, the method opens up for elements of discretion, which must be properly structured to guide patent examiners through the process. The chapter hints at the two building blocks of such a structured interpretative effort revealed by the method's name: ‘systemic functionalism’. It explains the difference between ‘functional’ and ‘purposive’ interpretation and provides rationale behind the method's opting for the former. It also elaborates on systemic influences that steer outcomes of interpretation. Keywords: Method of interpretation; Hermeneutics; Derivational conception; Clara non sunt interpretanda; Teleological interpretation; Vienna Convention (search for similar items in EconPapers) Downloads: (external link) Related works: Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text Persistent link: https://EconPapers.repec.org/RePEc:elg:eechap:24741_6 Ordering information: This item can be ordered from Access Statistics for this chapter More chapters in Chapters from Edward Elgar Publishing |
Is your work missing from RePEc? Here is how to contribute.
Questions or problems? Check the EconPapers FAQ or send mail to .
EconPapers is hosted by the
School of Business at Örebro University.