Sherman, Brad and Bently, Lionel (2015). Limiting Patents. In Reto M. Hilty and Kung-Chung Liu (Ed.), Compulsory Licensing: Practical Experiences and Ways Forward (pp. 313-331) Berlin: Springer. doi:10.1007/978-3-642-54704-1_16
Drawing on the 2010 WIPO Study into patent exclusions and exceptions, the chapter examines the limits that are placed on patents in different countries around the world. After looking at some of the problems that arise in undertaking a global study of this nature, we then look at some of the key reasons given for the existence of different exclusions and exceptions. This is followed by a wide-ranging historical account of the fate of exclusions and exceptions over the last century. The chapter ends by speculating on possible future developments and a plea to ensure that the flexibility in international law is not constrained unnecessarily.