The transformations of conventions for patent use and the role of legal intermediaries

Christian Bessy (1)

1 IDHES - Institutions et Dynamiques Historiques de l'Économie et de la Société

Today, the patent system is facing a paradox. It has never been so successful, yet at the same time it has attracted severe criticism, such as the call to return to the "commons". This article argues that the success of the patent at the 'macro' level is linked to the proliferation of the ways it is used at the ‘micro’ level: as a tool for the protection and diffusion of innovations, as an instrument of market power and technological valorisation, as a signal and instrument of negotiation, as a valuable corporate asset. These uses would somehow be superimposed since the genesis of the patent system, without cancelling the previous ones. This article proposes an analysis of the contemporary evolution of this legal institution by distinguishing different conventions for patent use as well as legal intermediaries which contribute to their definition, diffusion, and transformation, in particular patent attorneys. Although this explanatory outline draws mainly on the case of France, it can be extended to other countries.

Mots clés: O34-Intellectual property rights; JEL: O31-Innovation and invention: processes and incentives; L15-Information and product quality; K49-Legal procedure (other)

Domaines: Economies et finances

Christian Bessy. The transformations of conventions for patent use and the role of legal intermediaries. 2019. ⟨halshs-01872163⟩