Abstract

Social contract is one of the most common schemes for justifying patents. According to this theory, inventors obtain a commercial exclusivity in exchange for the disclosure of the invention, with the final aim of allowing others to use that knowledge in future innovations. Under the rationale of this social contract theory of patents, if a patent system is not guided by impartiality in its decisions, the relation between disclosure of inventions and future innovation becomes an issue, because non-merit factors in patent examination influence the quality of the knowledge disclosed. The aim of this article is to analyse impartiality in patent systems and, by doing so, defend that there is an epistemic side on both impartiality and social contract theory.