Why this work is in the frame
A frame that forgets how it found something cannot be audited. These are the routes that admitted this work.
Bibliographic record
Abstract
This paper works to unveil the clandestine shift in patent law's normative base from a utilitarian justificatory rationale to a libertarian one; a trend the author refers to as libertarianism. By assuming that the social good is always attained by expanding patent rights in all domains, courts have dressed libertarian analysis in the commonly accepted language of utilitarianism. This surreptitious adoption of libertarian analysis is particularly disconcerting because it enables courts to avoid addressing the ethical and distributional effects of patent determinations. The marginalization of ethical and distributional concerns in patent discourse has been exacerbated by three (dubious) claims that courts, tribunals and legal commentators have offered to justify the judicial assumption of jurisdiction over patent eligibility for new classes of innovation: 1. that the determination of patent eligibility is merely a technical question of statutory interpretation; 2. that patenting is morally neutral; and 3. that the expansion of the patent regime is necessary for the development of technology-based industries. This paper argues that claim 1. is based on faulty reasoning, claim 2. is descriptively inaccurate and claim 3. lacks empirical support. Given the dubiousness of the above-mentioned justifications, the radical nature of the judicial assumption of jurisdiction over patent eligibility regarding new classes of innovation becomes clear. Traditionally, as a matter of institutional competence, courts avoided balancing complex issues of public interest in the absence of a strong signal from the legislature. With the advent of stealth libertarianism, revisionist courts have eschewed the complex balancing required for assessing the patent eligibility of new classes of innovation. In contrast, the author notes with approval that the Supreme Court of Canada in Harvard Mouse has resisted the trend toward stealth libertarianism by acknowledging that the patentability of higher life forms requires a level of analysis that exceeds the bounds of judicial competence. To guarantee a more just use of technology, we must ensure that our patent laws both create and reflect desired social outcomes as determined by enlightened and competent authorities. Given the multiple and multifarious competing interests at stake in issues of patent eligibility over new classes of innovation, the judiciary lacks both the capacity and the competency to make such determinations.
Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.
Full frame distilled prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. Learned from the 10,348 direct Codex labels and 10,348 direct Gemma labels. Candidate is the union of thresholded teacher heads; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels or direct frontier model labels.
Codex and Gemma teacher scores by category
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.002 | 0.000 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.000 | 0.000 |
| Bibliometrics | 0.000 | 0.000 |
| Science and technology studies | 0.001 | 0.000 |
| Scholarly communication | 0.000 | 0.000 |
| Open science | 0.000 | 0.000 |
| Research integrity | 0.000 | 0.000 |
| Insufficient payload (model declined to judge) | 0.000 | 0.000 |
Machine scores (provisional)
The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.
Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it