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Patents and Scientific Research: Five Paradoxical Scenarios
Abstract
It is argued that patents encourage scientific development, benefiting society by creating useful products and services that improve the quality of life. However, by granting exclusive rights of exploitation, patents create situations in which they interfere with the exercise of the freedom of scientific research. This work examines five scenarios where this problem can be seen and the utilitarian function of patents is questioned. Firstly, the effects of research funding in the definition of the lines and research objectives are observed. Secondly, the anticommons is studied, as it is a situation where excessive fragmentation of ownership in scientific knowledge may prevent its use. Thirdly, broad patents and their implications are examined. Fourthly, the deterrent power of patent litigation, which creates an unexpected business model, is analyzed. Fifthly, secrecy is looked upon, as it is encouraged by the logic in which the patent system works.
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