On value-laden patents: a call for moral limits

Abstract

Purpose

The main purpose of this paper is to discuss the suitability of moral and ordre public clauses, and to advance the view that ethical reflection within patent systems is valuable.

Design/methodology/approach

This is a conceptual paper that draws upon the present situation in Europe to illuminate a discussion of the different views about the morality patents, with particular emphasis on criticism of authors who have espoused a narrow interpretation of moral clauses, such as that adopted by the European Patent Office.

Findings

This research found that the claim that patent systems are not appropriate places in which to evaluate moral matters and, therefore, they cannot inform us about morality is false. This is because inventors do not need to wait for authorizing legislation prior to making use of their technology. Hence, moral implications can be evaluated.

Research limitations/implications

These ideas also lead to important theoretical consequences, especially regarding the debate on value-laden science and technology. However, further efforts are needed to address other patent regimes, such as the non-European.

Practical implications

It is shown how the bioethicist community can be incorporated into patent offices. The responsibilities of examiners and businesses in the process are also discussed.

Originality/value

There have been a limited number of studies that examine the value of ethical considerations within the patent system. This paper provides a thought-provoking discussion of moral clauses in Europe. The author also suggests new ways of incorporating ethical scrutiny into patent systems.