Propriete industrielle
A patent is a right granted by the Government of the United States of America to an individual or group (such as a corporation) which permits the grantee the ability to prevent others for making, using or selling the invention described in the patent for a limited period of time. It gives the inventor the right to prevent others from exploiting the invention in the countries for which it has been granted. This right is enshrined in the article 1 section 8 of the United States constitution in order to “to promote the science and useful arts by securing for a limited time to the inventors the exclusive right to their respective rights and discoveries.”
This limited monopoly is intended to “encourage the investment of time and resources into development of new and useful discoveries”.
After the limited period expired, the protected innovation enters the public domain and anyone can exploit it and have free access to it.
However, not everything can be patented because the US code define the patentable subject matter as any process, machine, manufacture, or composition of matter, or improvement thereof. But the distinction between patent and unpatent subject matter is not very clear and it raises an issue namely what are the limits of the intellectual property and especially can we patent human entities such as pure genes and medication to cure AIDS?
Even though intellectual property law is nowadays necessary I think it should be limited by his realm (I) in order to preserve the scientific research from business activities (II).
I-The limits of the patent protection…
I think that intellectual property should be limited on what can be patented and what cannot be, because the patent gives the owner a private monopoly on the innovation, and it could be really dangerous if everything could be