Purpose. The main objective of this article is to discuss the suitability of moral and ordre public clauses, and to advance the view that ethical reflection within patent systems is valuable. Methodology. This is a conceptual paper that draws upon the present situation in Europe to illuminate a discussion of the different views about the morality patents, with particular emphasis on criticism of authors who have espoused a narrow interpretation of moral clauses, such as that adopted by the EPO. Findings. (...) This research found that the claim that patent systems are not appropriate places in which to evaluate moral matters and, therefore, they cannot inform us about morality, is false. This is because inventors do not need to wait for authorizing legislation prior to making use of their technology. Hence, moral implications can be evaluated. Practical implications. It is shown how the bioethicist community can be incorporated into patent offices. The responsibilities of examiners and businesses in the process are also discussed. Research limitations/implications. These ideas also lead to important theoretical consequences, especially regarding the debate on value-laden science and technology. However, further efforts are needed to address other patent regimes, such as the non-European. Originality. There have been a limited number of studies that examine the value of ethical considerations within the patent system. This article provides a thought-provoking discussion of moral clauses in Europe. I also suggest new ways of incorporating ethical scrutiny into patent systems. (shrink)

Mainstream views of medical research tell us it should be a fact-based, value-free endeavor: what a scientist (or her funding source) wants or cares about should not influence her findings. At the same time, we also sometimes criticize medical research for failing to embody certain values, e.g. when we criticize pharmaceutical companies for largely ignoring the diseases that affect the global poor. This chapter seeks to reconcile these perspectives by distinguishing appropriate from inappropriate influences of values on medical research. It (...) divides this broad question into two narrower ones, the Role Question (at what points in the research process is value influence potentially acceptable?) and the Content Question (when value influence is potentially acceptable, what specific values should researchers use?), and then draws on the philosophical literature on values in science to explore answers to each of them. (shrink)

Straightening the current ‘value-laden turn’ (VLT) in the philosophical literature on values in science, and reviving the legacy of the value-free ideal of science (VFI), this paper argues that the influence of extra-scientific values should be minimised—not excluded—in the core phase of scientific inquiry where claims are accepted or rejected. Noting that the original arguments for the VFI (ensuring the truth of scientific knowledge, respecting the autonomy of science results users, preserving public trust in science) have not been satisfactorily addressed (...) by proponents of the VLT, it proposes four prerequisites which any model for values in the acceptance/rejection phase of scientific inquiry should respect, coming from the fundamental requirement to distinguish between facts and values: (1) the truth of scientific knowledge must be ensured; (2) the uncertainties associated with scientific claims must be stated clearly; (3) claims accepted into the scientific corpus must be distinguished from claims taken as a basis for action. An additional prerequisite of (4) simplicity and systematicity is desirable, if the model is to be applicable. Methodological documents from international institutions and regulation agencies are used to illustrate the prerequisites. A model combining Betz’s conception (stating uncertainties associated with scientific claims) and Hansson’s corpus model (ensuring the truth of the scientific corpus and distinguishing it from other claims taken as a basis for action) is proposed. Additional prerequisites are finally suggested for future research, stemming from the requirement for philosophy of science to self-reflect on its own values: (5) any model for values in science must be descriptively and normatively relevant; and (6) its consequences must be thoroughly assessed. (shrink)