Vol. 5 (2009)

The Melting of Patent Law

Eben Moglen

In this special comment, the author posits that the patent system as it stands is archaic and oppressive, and has neither intellectual nor moral support. Having veered away from its original goals, by virtue of the change in the technological and functional basis of government, it instead serves as a justification for inequalities of wealth distribution. The author argues that substantial reform is required that would shift the balance in patent law from monopolistic greed to public interest, paving the way for access to knowledge.

Author

Professor of Law and Legal History at Columbia Law School; Founder, Director-Counsel, and Chairman of the Software Freedom Law Center; J.D., M.Phil in History (Hons.) ’85, Ph.D. ’93, Yale University