期刊名称：The John Marshall Review of Intellectual Property Law
印刷版ISSN：1930-8140
电子版ISSN：2154-9893
出版年度：2013
卷号：10
期号：4
页码：6
出版社：The John Marshall Law School
摘要：This article proposes an approach to justifying patentable subject matter that uses Locke as its starting point, and utilitarianism as its end. The patent eligibility of any given subject matter must be a mixture of labour and certain utilitarian incentives. If these elements are present—and if the subject matter in question can be made to fit within the definition of invention (even if slightly uncomfortably)—then courts and tribunals should aim to accommodate it.
