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Canadian Journal of Law and Technology. Volume 2, Number 2 (2003), p. 83-98.


One of the theoretical premises of the patent system is that it enhances the dissemination of valuable information by assuring creators of new inventions a limited monopoly for the exploitation of their inventions. As a tool of state policy, the patent system seeks to catalyze the industrialization of the state, disclosure of information by inventors, and ultimately, the enrichment of the public domain in a manner that benefits both the inventor and the Society. Consequently, the patent system is often characterized as a form of contract between the inventor and the state. As a consideration for disclosing the secret of the invention, so this theory says, the state grants the inventor limited monopoly over the use of the invention. The implicit assumption in this Simplified theoretical construction of a complex system is that the inventor and the society benefits mutually from the bargain.

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