A Strategy for American Innovation: Applying Immanuel Kant's Theory of Knowledge to Tech Patent Law
An investigation of Kant's theory of aesthetic creativity to the mechanical principles of causal productivity allows for the redesigning of regulatory and legislative attitudes toward innovation. Part of the contemporary issues in tech patent law stem from misconceptions about epistemological basis for intellectual property. More precisely, different functions of the mind allow for creative innovation. The faculty of understanding leads to conceptual designs that in turn imply the structure and boundaries of property. The other issue entails treating conceptual designs as external tangible assets for which private controls may be claimed.Reframing the broken patent law system in the spirit of Kant's critical theories and value structure, Kant's theory of knowledge identifies the root to proper intellectual property application, and the fundamental underpinnings to encourage innovation in a technological interactive design environment. The theoretical philosophy of Kant's theory of knowledge provides a practical dimension to policy design and implementation. Thoroughly comprehending Kant's concept of aesthetic creativity and his explanation of the mechanical principles for causal productivity provides universal epistemological solutions to contemporary tech patent issues.Actively attempting to create property out of creative insight inherently causes confusions in the courts. Because aspects of the faculty of reason, involve an essence of "innate plasticity," the aesthetic idea cannot be treated like property. Concepts, on the other hand, are externalizations - temporal constructs bound by space and time. Property rights may be reasonably claimed over forms bound by clarity and scope. In applying Kant's theories of knowledge and metaphysics, we may rethink the role of intellectual property's "business-method process" in relation to technological interactive design processes that best allows humans the ability to socially, intellectually, and economically flourish across borders.
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Kant, Immanuel (1970)
Innovation and Its Discontents: How Our Broken Patent System Is Endangering Innovation and Progress, and What to Do About It Jaffe, Adam B. and Lerner, Josh (2004)
Kramer, Bruce (1988-03)