Petrusson, Ulf --- "Patents and Open Access in the Knowledge Economy" [2011] ELECD 447; in Kur, Annette; Mizaras, Vytautas (eds), "The Structure of Intellectual Property Law" (Edward Elgar Publishing, 2011)

Book Title: The Structure of Intellectual Property Law

Editor(s): Kur, Annette; Mizaras, Vytautas

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781848448766

Section: Chapter 5

Section Title: Patents and Open Access in the Knowledge Economy

Author(s): Petrusson, Ulf

Number of pages: 41

Extract:

5. Patents and open access in the
knowledge economy
Ulf Petrusson*

1. INTRODUCTION1

This chapter discusses patents and the patent system in a knowledge
economy, looking at the positive and negative consequences of patents for
society, and asking the question: to what extent does it appear possible to
build a patent system that serves its intended purpose of promoting both
open access to technology and the creation and utilization of innovation,
when the economy is changing. In doing so, I examine how the patent
system supports the use and incorporation of patents into business and
market constructions, and how this system interacts with and structures
open access to technology, in the context of an economy that is no longer
industrial but knowledge-based. Especially interesting is how the patent
system interacts with open science, open innovation,2 distributed innova-
tion3 and open technology platforms.
Even though the debate on the contribution of patents per se, and of
the patent system, to societal development and welfare is not in any way
new, we can still argue that there is growing controversy over the role of
the patent system in a knowledge economy.4 The advocates of the patent
system in the industrial setting have argued that it is a crucial prerequisite


* Professor at University of Gothenburg, Director of Department at Institute
for Innovation and Enterpreneurship.
1 I would like to thank Henrik Rosen, Tobias Thornblad and Caroline Pamp

for their help and contributions.
2 In the academic discussion, the concept of ...