Patents and Innovation

This study explores the issue of patent rights and innovation through the lens of economic legal theory and distributive justice, focusing on the legal concerns surrounding unequal access to patented innovations. In the context of globalization and a knowledge-based economy, patents function as strategic tools to protect innovation; however, they often generate exclusivity that leads to inequities in benefit distribution. The primary objective of this research is to analyze how patent rights as part of the intellectual property regime operate within the framework of economic law and whether their application reflects the principles of distributive justice in society. This research employs a normative juridical method, utilizing statutory and conceptual approaches. Data are obtained through literature review of relevant legislation, legal theories, and judicial decisions. The novelty of this study lies in its integration of economic legal theory and distributive justice in evaluating the effectiveness of the patent system in Indonesia, particularly regarding its impact on public access to innovation outcomes in sectors such as healthcare and technology. The findings reveal that the current patent system tends to favor capital holders and contributes to disparities in access to innovation benefits. Overly protective patent regimes may hinder knowledge diffusion and obstruct inclusive development. This study recommends a reformulation of patent policies to align with the values of distributive justice by adopting a legal approach that is responsive to public interest and supportive of local innovation empowerment.