Step 2: Systemic frame for interpreting morality

Joanna Wisniowska

Chapter 8 in Morality in the Unitary Patent System, 2026, pp 190-203 from Edward Elgar Publishing

Abstract: As a natural continuation of Chapter 7, this chapter—like a judge undertaking interpretation—moves from functional interpretation to the second step within the proposed theory, introducing a systemic perspective into patent examination. Chapter 8 illustrates the unique relationship between these two chronological stages, with the preliminary outcomes of functional analysis situated within the metaphorical framework constructed from statutes and provisions that belong to the same legal system. Like a picture in a photo frame, it may not fit the systemic context. The option is to crop, adjust or, if necessary, overturn initial findings altogether. This ‘systemic frame’ constitutes an authorial variation of systemic interpretation. Chapter 8 explores systemic influences relevant to each of the two sources of the morality exception and discusses differences between internal and external systemic analysis, with particular emphasis placed on sources of EU law belonging to the sui generis legal system.

Keywords: Systemic interpretation; European Union legal system; Constitutionalisation; Charter of Fundamental Rights; Narrow construction of exceptions; Hierarchy of norms (search for similar items in EconPapers)
Date: 2026
ISBN: 9781035365395
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