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arXiv · 2412.14370

The Role of Patents: Incentivizing Innovation or Hindering Progress?

Gaetan de Rassenfosse
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Abstract

This article examines the complex trade-offs inherent in the patent system, exploring whether patents truly incentivize innovation or inadvertently hinder progress. It traces the historical evolution of patent rights from their origins in Renaissance Venice to the modern framework enshrined in constitutional and international law. By balancing the exclusivity granted to inventors with the need for public access to knowledge, the article highlights how patents stimulate R&D investments while sometimes limiting follow-on innovation due to prolonged monopolies. It discusses the economic rationales for patent protection, such as increasing private returns to encourage invention, against criticisms that patents restrict the free flow of ideas essential for collective progress. Ultimately, the review argues that although patents are designed to reward creativity and secure economic benefits, they remain a contentious instrument whose benefits and limitations must be carefully weighed in policy debates.

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Gaetan de Rassenfosse. 2024-12-18. The Role of Patents: Incentivizing Innovation or Hindering Progress?. https://arxiv.org/abs/2412.14370

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