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The word patent originates from the Latin patere, which means "to lay open" (i.e
., to make available for public inspection). More directly, it is a shortened ve
rsion of the term letters patent, which was a royal decree granting exclusive ri
ghts to a person, predating the modern patent system. Similar grants included la
nd patents, which were land grants by early state governments in the USA, and pr
inting patents, a precursor of modern copyright.
In modern usage, the term patent usually refers to the right granted to anyone w
ho invents any new, useful, and non-obvious process, machine, article of manufac
ture, or composition of matter. Some other types of intellectual property rights
are also called patents in some jurisdictions: industrial design rights are cal
led design patents in the US,[6] plant breeders' rights are sometimes called pla
nt patents,[7] and utility models and Gebrauchsmuster are sometimes called petty
patents or innovation patents.
The additional qualification utility patent is sometimes used (primarily in the
US) to distinguish the primary meaning from these other types of patents. Partic
ular species of patents for inventions include biological patents, business meth
od patents, chemical patents and software patents.
History[edit]
Main article: History of patent law
The Venetian Patent Statute, issued by the Senate of Venice in 1474, and one of
the earliest statutory patent systems in the world.
Although there is some evidence that some form of patent rights was recognized i
n Ancient Greece in the Greek city of Sybaris,[8][9] the first statutory patent
system is generally regarded to be the Venetian Patent Statute of 1450. Patents
were systematically granted in Venice as of 1450, where they issued a decree by
which new and inventive devices had to be communicated to the Republic in order
to obtain legal protection against potential infringers. The period of protectio
n was 10 years.[10] These were mostly in the field of glass making. As Venetians
emigrated, they sought similar patent protection in their new homes. This led t
o the diffusion of patent systems to other countries.[11]
The English patent system evolved from its early medieval origins into the first
modern patent system that recognised intellectual property in order to stimulat
e invention; this was the crucial legal foundation upon which the Industrial Rev
olution could emerge and flourish.[12] By the 16th century, the English Crown wo
uld habitually abuse the granting of letters patent for monopolies.[13] After pu
blic outcry, King James I of England (VI of Scotland) was forced to revoke all e
xisting monopolies and declare that they were only to be used for "projects of n
ew invention". This was incorporated into the Statute of Monopolies (1624) in wh
ich Parliament restricted the Crown's power explicitly so that the King could on
ly issue letters patent to the inventors or introducers of original inventions f
or a fixed number of years. The Statute became the foundation for later developm
ents in patent law in England and elsewhere.
James Puckle's 1718 early autocannon was one of the first inventions required to
provide a specification for a patent.
Important developments in patent law emerged during the 18th century through a s
low process of judicial interpretation of the law. During the reign of Queen Ann
e, patent applications were required to supply a complete specification of the p
rinciples of operation of the invention for public access.[14] Legal battles aro
und the 1796 patent taken out by James Watt for his steam engine, established th
e principles that patents could be issued for improvements of an already existin
g machine and that ideas or principles without specific practical application co
uld also legally be patented.[15] Influenced by the philosophy of John Locke, th
e granting of patents began to be viewed as a form of intellectual property righ
t, rather than simply the obtaining of economic privilege.
The English legal system became the foundation for patent law in countries with
a common law heritage, including the United States, New Zealand and Australia. I
n the Thirteen Colonies, inventors could obtain patents through petition to a gi
ven colony's legislature. In 1641, Samuel Winslow was granted the first patent i
n North America by the Massachusetts General Court for a new process for making
salt.[16]
U.S. patents granted, 1790 2010.[17]
The modern French patent system was created during the Revolution in 1791. Paten
ts were granted without examination since inventor's right was considered as a n
atural one. Patent costs were very high (from 500 to 1,500 francs). Importation
patents protected new devices coming from foreign countries. The patent law was
revised in 1844 - patent cost was lowered and importation patents were abolished
.
The first Patent Act of the U.S. Congress was passed on April 10, 1790, titled "
An Act to promote the progress of useful Arts".[18] The first patent was granted
on July 31, 1790 to Samuel Hopkins for a method of producing potash (potassium
carbonate).
Law[edit]
Intellectual property law and Intellectual rights
Primary rights
Copyright Patent Trademark Trade secret Geographical indication
Sui generis rights
Authors' rights Database right Indigenous intellectual property Industrial desig
n right Integrated circuit layout design protection Moral rights Plant breeders'
rights Related rights Supplementary protection certificate Utility model
Related topics
Anti-copyright Bioprospecting Limitations and exceptions to copyright
(Fair dealing Fair use Right to quote)
Orphan works Public domain Societal views Traditional safety valves
Outline of intellectual property
v t e
Effects[edit]
A patent does not give a right to make or use or sell an invention.[19] Rather,
a patent provides, from a legal standpoint, the right to exclude others[19] from
making, using, selling, offering for sale, or importing the patented invention
for the term of the patent, which is usually 20 years from the filing date[5] su
bject to the payment of maintenance fees. From an economical and practical stand
point however, a patent is better and perhaps more precisely regarded as conferr
ing upon its proprietor "a right to try to exclude by asserting the patent in co
urt", for many granted patents turn out to be invalid once their proprietors att
empt to assert them in court.[3] A patent is a limited property right the govern
ment gives inventors in exchange for their agreement to share details of their i
nventions with the public. Like any other property right, it may be sold, licens
ed, mortgaged, assigned or transferred, given away, or simply abandoned.
A patent, being an exclusionary right, does not necessarily give the patent owne
r the right to exploit the invention subject to the patent. For example, many in
ventions are improvements of prior inventions that may still be covered by someo
ne else's patent.[19] If an inventor obtains a patent on improvements to an exis
ting invention which is still under patent, they can only legally use the improv
ed invention if the patent holder of the original invention gives permission, wh
ich they may refuse.
Some countries have "working provisions" that require the invention be exploited
in the jurisdiction it covers. Consequences of not working an invention vary fr
om one country to another, ranging from revocation of the patent rights to the a
warding of a compulsory license awarded by the courts to a party wishing to expl
oit a patented invention. The patentee has the opportunity to challenge the revo
cation or license, but is usually required to provide evidence that the reasonab
le requirements of the public have been met by the working of invention.
Infringement[edit]
Main article: Patent infringement
Patent infringement occurs when a third party, without authorization from the pa
tentee, makes, uses, or sells a patented invention. Patents, however, are enforc
ed on a nation by nation basis. The making of an item in China, for example, tha
t would infringe a U.S. patent, would not constitute infringement under US paten
t law unless the item were imported into the US.[20]
Enforcement[edit]
Patents can generally only be enforced through civil lawsuits (for example, for
a U.S. patent, by an action for patent infringement in a United States federal c
ourt), although some countries (such as France and Austria) have criminal penalt
ies for wanton infringement.[21] Typically, the patent owner seeks monetary comp
ensation for past infringement, and seeks an injunction that prohibits the defen
dant from engaging in future acts of infringement. To prove infringement, the pa
tent owner must establish that the accused infringer practises all the requireme
nts of at least one of the claims of the patent. (In many jurisdictions the scop
e of the patent may not be limited to what is literally stated in the claims, fo
r example due to the doctrine of equivalents).
An accused infringer has the right to challenge the validity of the patent alleg
edly being infringed in a countersuit. A patent can be found invalid on grounds
described in the relevant patent laws, which vary between countries. Often, the
grounds are a subset of requirements for patentability in the relevant country.
ary to experiment, produce and market the invention; and to design around and im
prove upon earlier patents.[36]
Patents provide incentives for economically efficient research and development (
R&D). A study conducted annually by the IPTS shows that the 2,000 largest global
companies invested more than 430 billion euros in 2008[37] in their R&D departm
ents. If the investments can be considered as inputs of R&D, real products and p
atents are the outputs. Based on these groups, a project named Corporate Inventi
on Board, had measured and analyzed the patent portfolios to produce an original
picture[38] of their technological profiles. Supporters of patents argue that w
ithout patent protection, R&D spending would be significantly less or eliminated
altogether, limiting the possibility of technological advances or breakthroughs
.[citation needed] Corporations would be much more conservative about the R&D in
vestments they made, as third parties would be free to exploit any developments.
This second justification is closely related to the basic ideas underlying trad
itional property rights.[36][specify] Specifically, "[t]he patent internalizes t
he externality by giving the [inventor] a property right over its invention."[39
]
In accordance with the original definition of the term "patent", patents are int
ended to facilitate and encourage disclosure of innovations into the public doma
in for the common good. If inventors did not have the legal protection of patent
s, in many cases, they might prefer or tend to keep their inventions secret.[cit
ation needed] Awarding patents generally makes the details of new technology pub
licly available, for exploitation by anyone after the patent expires, or for fur
ther improvement by other inventors. Furthermore, when a patent's term has expir
ed, the public record ensures that the patentee's invention is not lost to human
ity.[36][specify]
In many industries (especially those with high fixed costs and either low margin
al costs or low reverse engineering costs
computer processors, and pharmaceutica
ls for example), once an invention exists, the cost of commercialization (testin
g, tooling up a factory, developing a market, etc.) is far more than the initial
conception cost. (For example, the internal rule of thumb at several computer c
ompanies in the 1980s was that post-R&D costs were 7-to-1.) Unless there is some
way to prevent copies from competing at the marginal cost of production, compan
ies don't invest in making the invention a product.[36][not in citation given]
One effect of modern patent usage is that a small-time inventor can use the excl
usive right status to become a licensor. This allows the inventor to accumulate
capital from licensing the invention and may allow innovation to occur because h
e or she may choose not to manage a manufacturing buildup for the invention. Thu
s the inventor's time and energy can be spent on pure innovation, allowing other
s to concentrate on manufacturability.[40]
Another effect of modern patent usage is to both enable and incentivize competit
ors to design around (or to "invent around" according to R S Praveen Raj) the pa
tented invention.[41] This may promote healthy competition among manufacturers,
resulting in gradual improvements of the technology base.[42] This may help augm
ent national economies and confer better living standards to the citizens. The 1
970 Indian Patent Act allowed the Indian pharmaceutical industry to develop loca
l technological capabilities in this industry. This act transformed India from a
bulk importer of pharmaceutical drugs to a leading exporter. The rapid evolutio
n of Indian pharmaceutical industry since the mid-1970s highlights the fact that
the design of the patent act was instrumental in building local capabilities ev
en in a developing country like India.[43]
Criticism[edit]
See also: Societal views on patents and United States Patent and Trademark Offic
e Criticisms
Legal scholars, economists, scientists, engineers, activists, policymakers, indu
stries and trade organizations have held differing views on patents and engaged
in contentious debates on the subject. Thus Lewis Mumford wrote that the patent
monopoly is "a device that enables one man to claim special financial rewards fo
r being the last link in the complicated social process that produced the invent
ion".[44]
See also[edit]
Wikiquote has quotations related to: Patent
Glossary of patent law terms
List of patent-related topics
List of people associated with patent law
Artificial scarcity