Patent as socially evolving system: improving the patent system through democratic deliberation

Abstract

The patent as a social system that assists innovation is continuously evolving through deliberation. This thesisaims to understand the past and current discourse around the role and function of the patent system, and searchfor a future strategy to improve the patent system. With the lens of the theoretical model suggested by Bohman(2006), participating different perspectives on the patent system are examined. Having stakeholders with diverseperspectives, the question, of how to assess and improve the patent system, was always followed by variousresponses and arguments. Though having diverse reactions to the inquiry seems like a harmful conflict at firstglance, with the concept of deliberative democracy, the thesis suggests that the differences are essential andnecessary to result in a multiperspectivally approved and epistemically robust decision. To argue so, the existingdifferent perspectives in the discourse surrounding the role and function of the patent system and the cases of theUS Patent Reform Act and the TRIPS exclusion clause where dismissed perspectives were included in thedeliberation and brought promising outcomes through such deliberation were examined and described.