The Evolution and Transformation of Patentology in the Digital Economy: An Analysis of Changes in Relevance and Function
Volume 49, Issue 2 (2026), pp. 193–206
Pub. online: 2 July 2026
Type: Article
Open Access
Open Access
Published
2 July 2026
2 July 2026
Abstract
The digital economy has transformed intellectual property protection, challenging traditional patentology paradigms and raising questions
about the evolving role of patent systems in digital innovation ecosystems. This article examines the historical development
of patentology, and analyses how digitalisation has reshaped the functions, scope and economic significance of patents. Using a systematic
literature review (n = 74, 1962–2025), comparative institutional analysis and thematic synthesis, the study explores four key
issues: the historical foundations of patent theory, transformations driven by digital technologies, emerging challenges in innovation
ecosystems, and implications for innovation management and policy. The findings reveal major shifts: software patents redefine patentable
subject matter; standard-essential patents introduce licensing complexities and hold-up risks; and open-source models challenge
traditional exclusivity principles. Patents have evolved from simple exclusion rights into strategic assets in licensing networks,
platform ecosystems and collaborative innovation environments. This study contributes by integrating fragmented perspectives into
a coherent framework that combines technological, institutional and strategic dimensions of patent system transformation. It highlights
the implications for innovation management, regional development and policy reform, arguing that patentology must adopt
interdisciplinary approaches, combining economics, management, technology studies and law, to remain relevant in the digital era.