Cardozo Journal of International and Comparative Law
Abstract
The note advocates for integrating moral utility requirements into the U.S. patent system to address ethical concerns, particularly regarding transgenic seeds and their environmental and health impacts. It proposes adopting a balancing test, similar to the European Patent Office's approach, to weigh the benefits and harms of such inventions. This would allow courts to invalidate patents that cause significant harm, even if they offer economic benefits, thereby aligning the patent system with public morality and societal values.
Disciplines
Agriculture Law | Intellectual Property Law | Law
Recommended Citation
Gary Gregory,
What's Immoral about Monsanto?: Strengthening the Roots of the Moral Utility Requirement by Amending the U.S. Patent Act,
21
Cardozo J. Int'l & Comp. L.
759
(2013).
Available at:
https://larc.cardozo.yu.edu/cjicl/vol21/iss3/7