ABSTRACT
The last chapter has revealed that the objectives as well as the instruments of patent systems have changed over time. The letter of patents was introduced as a mercantilistic instrument, whereas today patents are frequently seen as an instrument to overcome market failure. Early patent systems required a demonstration that the invention indeed worked. Nowadays, a proof that the invention works is not necessary. Instead, a detailed description of the invention has become a patent requirement. The most important adjustments in the recent history of patents undoubtedly belong to the Agreement of Trade Related Aspects of Intellectual Property (TRIPs) Agreement, as well as the possibility of obtaining patents in new technology fields such as computer software, business methods, genetically modified plants and animals as well as gene sequences in a number of countries. Undoubtedly, new developments in science, technology and society will continue to challenge the patent systems and force the latter to adapt. Indeed, a number of scholars point out the urgency for patent reforms.1 Yet, how are shortcomings and inefficiencies identified, and how are reasonable alterations to the system selected?
