Arezzo, Emanuela; Ghidini, Gustavo --- "Introduction" [2011] ELECD 970; in Arezzo, Emanuela; Ghidini, Gustavo (eds), "Biotechnology and Software Patent Law" (Edward Elgar Publishing, 2011)

Book Title: Biotechnology and Software Patent Law

Editor(s): Arezzo, Emanuela; Ghidini, Gustavo

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781849800402

Section Title: Introduction

Author(s): Arezzo, Emanuela; Ghidini, Gustavo

Number of pages: 6

Extract:

Introduction
Emanuela Arezzo and Gustavo Ghidini

In the last and present century patent law has confronted itself with several
critical issues. Emerging new technologies have seemingly shaken some of
the very foundations of the system, modelled to accommodate the needs of
the industrial sectors which emerged during the first industrial revolution.
Thus, many commentators began to wonder whether it was still appro-
priate to maintain the traditional paradigm as it is, exclusively based on
exclusive rights.
In the new millennium, not only have new sectors emerged but each one
has developed its own features with regard to its own innovation process
and the kind of output produced. Often the inventive process develops
through a cumulative and incremental path, leading to small improve-
ments built upon the knowledge entangled into previous innovations,
rather than a sudden breakthrough innovation. Often, too, such inventive
process leads to results which lie closer to pure knowledge than applied
research. What is the role patent system plays in such a scenario? In par-
ticular, considering the different dynamics of innovation among `old' and
`new' technological sectors ­ such as ITs and biotechnologies ­ should
such a role be the same across all industries? Put another way, is the clas-
sical formula `one size fits all' still appropriate for a twenty-first century
patent system?
These questions have been posed and examined in the first two chapters
of this book, respectively by Dan Burk and Mark Lemley, and by Valeria
Falce.
In addressing such questions, it remains crucial not ...