Positive patent
The concept of positive patent is an angle of incidence on the Brevet not supporting the Private property like central value, but really the Innovation; according to this vision, the patent should not block the innovation, which is for some of them the current location.
This approach imposes a new way of thinking the patent. That can be considered as a reorganization of the system which prevents patenting “all and anything” and which questions knowledge not only if it is a real innovation, so in this branch of industry that is authorized (what is fixed by the Législateur), but also to know if this brevetage is desirable for the future innovations.
This approach recommends also a system of cancellation of patent, whenever it proves to be unjust, prejudicial with the innovation or préjudicable with the general interest (example of the patents as regards Médicament S). Currently, a very great number of patents when they are disputed are invalidated; one of the important arguments is the absence of innovation of the invention, i.e. the existence of anteriority (S).
This current of thought is in particular opposed to all Software patent or Brevetage of alive the, considered as unfavourable with the innovation and the general interest.
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