Patently Outdated

An economy of services largely dominates our world today, but no patent system is available to support it. All signs point increasingly to evidence that in almost all countries—and as enshrined in the TRIPS Agreement—patent rules and procedures are seriously handicapped in their incapacity to respond to current economic reality. Many inventions today are made without any materiality, yet they are nonetheless genuine inventions, such as those that arise from the banking, insurance and business consulting industries. Today’s patent system remains deeply linked to the making of things with human hands. It must evolve and adapt so that the new economy can also benefit from its advantages. This book is about that adaptation—which will come, or, rather, as the author shows, has slowly started to come. By describing details and historical events that shed light on how patent law has evolved from the pre-industrial to the industrial economy, the book manifests the need for a further evolution of patents to the post-industrial economy.