WORLD PATENT HISTORY
The word patent is derived from the Latin word
'litterae patentes.'', meaning an open letter. Patents protect innovation and
help innovators gain an economic advantage from that innovation, specifically
the right to exclude others from making and using that invention. The idea of protecting innovation and gaining economic advantage
from that innovation is not a new one. The purpose of such privileges was to secure new
innovations for domestic use and to limit dependence on imports.
The
practice of granting privileges to citizens first found voice in Venice as early
as the 12th Century. Here ten-year monopolies were granted to the inventors of
a silk weaving process. They issued a
decree by which new and inventive devices, once they had been put into
practice, had to be communicated to the Republic in order to obtain legal
protection against potential infringers.
John of
Utynam was granted the first recorded patent in 1449 and was awarded a 20-year
monopoly for a glass-making process previously unknown in England. The first
statutes relating to Patents were issued in the Republic of Venice in 1474. It
was ruled the innovative concepts after being put into practice, had to be put
across the Republic for obtaining legal protection against potential
infringers. This statute established the general principles of Patent Law. The
principles postulated that the invention had to be novel and useful to the
state. The inventor was conferred exclusive rights and enjoyed privileges for a
limited time. The infringers could be brought to account and their devices
seized and destroyed if found to infringe on a patent.
Patents,
however, existed before the Statute of 1474. In England grants in the form
of “letters patent” were
issued by the sovereign to
inventors who petitioned and were approved: a grant of 1331 to John Kempe and
his Company is the earliest authenticated instance of a royal grant made with
the avowed purpose of instructing the English in a new industry. The first
Italian patent was actually awarded by the Republic of Florence in
1421, and there is evidence suggesting that something like patents was used
among some ancient Greek cities.In 500 BC, in the Greek city of
Sybaris (located in what is now southern Italy), "encouragement was
held out to all who should discover any new refinement in luxury, the profits
arising from which were secured to the inventor by patent for the space of a
year."
History by country
Ancient Greece
Athenaeus, writing
in the third century CE, cites Phylarchus in saying that in the Greek
city of Sybaris (located in what is now southern Italy), exclusive
rights were granted for one year to creators of unique culinary dishes.
Australia
In
Australia, the system of granting patents in the Australian Colonies is based
upon British law, and can be traced back to the English Statute of
Monopolies of 1623. This was enacted in 1624. Prior to the Colonial states
enacting their own legislation in the mid 19th Century and forming their own
Patent Offices, inventors applied to England for patent registration and
protection.
When
legislatures were established in the Australian Colonies, people could apply
(petition the parliament) for a patent to be granted by the Governor of the
colony, by way of a Private Bill. The first of these was South Australian
Private Act No.1 of 1848, granted to Andrew John Murray of Adelaide, S.A. for
"An improved windlass", on the 20th June 1848, for a period of 10
years. A further three Private Acts were granted in South Australia; and
several were granted in Western Australia.[10]
The
first patent act in Australia, other than private acts, was introduced into New
South Wales in 1852 (coming into force on 10 January 1854.)[10] Victoria
proclaimed its first Patent Act in 1854, with the length of the grant being for
14 years.[11]
The
administration of the States Patents Acts (NSW, Victoria, Queensland, SA, WA
and Tasmania) was transferred to the Commonwealth of Australia from 1 June
1904. IP Australia is the Australian Government agency responsible for
administering patents, as well as trademarks, designs and plant breeder’s
rights in Australia.
History
of Indian Patent System
|
|
1856
|
THE ACT VI OF
1856 ON PROTECTION OF INVENTIONS BASED ON THE BRITISH PATENT LAW OF 1852.
CERTAIN EXCLUSIVE PRIVILEGES GRANTED TO INVENTORS OF NEW MANUFACTURERS FOR A
PERIOD OF 14 YEARS.
|
1859
|
THE ACT MODIFIED
AS ACT XV; PATENT MONOPOLIES CALLED EXCLUSIVE PRIVILEGES (MAKING. SELLING AND
USING INVENTIONS IN INDIA AND AUTHORIZING OTHERS TO DO SO FOR 14 YEARS FROM
DATE OF FILING SPECIFICATION).
|
1872
|
THE PATENTS
& DESIGNS PROTECTION ACT.
|
1883
|
THE PROTECTION
OF INVENTIONS ACT.
|
1888
|
CONSOLIDATED AS
THE INVENTIONS & DESIGNS ACT.
|
1911
|
THE INDIAN
PATENTS & DESIGNS ACT.
|
1972
|
THE PATENTS ACT
(ACT 39 OF 1970) CAME INTO FORCE ON 20TH APRIL 1972.
|
1999
|
ON MARCH 26,
1999 PATENTS (AMENDMENT) ACT, (1999) CAME INTO FORCE FROM 01-01-1995.
|
2002
|
THE PATENTS
(AMENDMENT) ACT 2002 CAME INTO FORCE FROM 2OTH MAY 2003
|
2005
|
THE PATENTS
(AMENDMENT) ACT 2005 EFFECTIVE FROM Ist JANUARY 2005
|
Brief about Indian
Patent System
1. The first
legislation in India relating to patents was the Act VI of 1856. The objective
of this legislation was to encourage inventions of new and useful manufactures
and to induce inventors to disclose secret of their inventions. The Act was
subsequently repealed by Act IX of 1857 since it had been enacted without the
approval of the British Crown . Fresh legislation for granting ‘exclusive
privileges’ was introduced in 1 859 as Act XV of 1859. This legislation
contained certain modifications of the earlier legislation, namely, grant of
exclusive privileges to useful inventions only and extension of priority period
from 6 months to 12 months. This Act excluded importers from the definition of
inventor. This Act was based on the United Kingdom Act of 1852 with certain
departures which include allowing assignees to make application in India and
also taking prior public use or publication in India or United Kingdom for the
purpose of ascertaining novelty.
2. In 1872, the
Act of 1859 was consolidated to provide protection relating to designs. It was
renamed as “The Patterns and Designs Protection Act” under Act XIII of 1872.
The Act of 1872 was further amended in 1883 (XVI of 1883) to introduce a
provision to protect novelty of the invention, which prior to making
application for their protection were disclosed in the Exhibition of India. A
grace period of 6 months was provided for filing such applications after the
date of the opening of such Exhibition.
3. This Act
remained in force for about 30 years without any change but in the year 1883,
certain modifications in the patent law were made in United Kingdom and it was
considered that those modifications should also be incorporated in the Indian
law. In 1888, an Act was introduced to consolidate and amend the law relating
to invention and designs in conformity with the amendments made in the U.K.
law.
4. The Indian
Patents and Designs Act, 1911, (Act II of 1911) replaced all the previous Acts.
This Act brought patent administration under the management of Controller of
Patents for the first time. This Act was further amended in 1920 to enter into
reciprocal arrangements with UK and other countries for securing priority. In
1930, further amendments were made to incorporate, inter-alia, provisions
relating to grant of secret patents, patent of addition, use of invention by
Government, powers of the Controller to rectify register of patent and increase
of term of the patent from 14 years to 16 years. In 1945, an amendment was made
to provide for filing of provisional specification and submission of complete
specification within nine months.
5. After
Independence, it was felt that the Indian Patents & Designs Act, 1911 was
not fulfilling its objective. It was found desirable to enact comprehensive
patent law owing to substantial changes in political and economic conditions in
the country. Accordingly, the Government of India constituted a committee under
the Chairmanship of Justice (Dr.) Bakshi Tek Chand, a retired Judge of Lahore
High Court, in 1949 t o review the patent law in India in order to ensure that
the patent system is conducive to the national interest. The terms of reference
included—
- to
survey and report on the working of the patent system in India;
- to
examine the existing patent legislation in India and to make
recommendations for improving it, particularly with reference to the
provisions concerned with the prevention of abuse of patent rights;
- to
consider whether any special restrictions should be imposed on patent
regarding food and medicine;
- to
suggest steps for ensuring effective publicity to the patent system and to
patent literature, particularly as regards patents obtained by Indian
inventors;
- to
consider the necessity and feasibility of setting up a National Patents
Trust;
- to
consider the desirability or otherwise of regulating the profession of
patent agents
- to
examine the working of the Patent Office and the services rendered by it
to the public and make suitable recommendations for improvement; and
- to
report generally on any improvement that the Committee thinks fit to
recommend for enabling the Indian Patent System to be more conducive to
national interest by encouraging invention and the commercial development
and use of inventions.
6.The committee
submitted its interim report on 4th August, 1949 with recommendations for
prevention of misuse or abuse of patent right in India and suggested amendments
to sections 22, 23 & 23A of the Patents & Designs Act, 1911 on the
lines of the United Kingdom Acts 1919 and 1949. The committee also observed
that the Patents Act should contain clear indication to ensure that food and
medicine and surgical and curative devices are made available to the public at
the cheapest price commensurate with giving reasonable compensation to the
patentee.
7. Based on the
above recommendation of the Committee, the 1911 Act was amended in 1950(Act
XXXII of 1950) in relation to working of inventions and compulsory
licence/revocation. Other provisions were related to endorsement of the patent
with the words ‘licence of right’ on an application by the Government so that
the Controller could grant licences. In 1952 (Act LXX of 1952) an amendment was
made to provide compulsory licence in relation to patents in respect of food
and medicines, insecticide, germicide or fungicide and a process for producing
substance or any invention relating to surgical or curative devices. The
compulsory licence was also available on notification by the Central
Government. Based on the recommendations of the Committee, a bill was
introduced in the Parliament in 1953 (Bill No.59 of 1953). However, the
Government did not press for the consideration of the bill and it was allowed
to lapse.
8. In 1957, the
Government of India appointed Justice N. Rajagopala Ayyangar Committee to
examine the question of revision of the Patent Law and advise government
accordingly. The report of the Committee, which comprised of two parts, was
submitted in September, 1959. The first part dealt with general aspects of the
Patent Law and the second part gave detailed note on the several clauses of the
lapsed bills 1953. The first part also dealt with evils of the patent system
and solution with recommendations in regards to the law. The committee
recommended retention of the Patent System, despite its shortcomings. This
report recommended major changes in the law which formed the basis of the
introduction of the Patents Bill, 1965. This bill was introduced in the Lok
Sabha on 21st September, 1965, which however lapsed. In 1967, again an amended
bill was introduced which was referred to a Joint Parliamentary Committee and
on the final recommendation of the Committee, the Patents Act, 1970 was passed.
This Act repealed and replaced the 1911 Act so far as the patents law was
concerned. However, the 1911 Act continued to be applicable to designs. Most of
the provisions of the 1970 Act were brought into force on 20 th April 1972 with
publication of the Patent Rules, 1972.
9. This Act
remained in force for about 24 years without any change till December 1994. An
ordinance effecting certain changes in the Act was issued on 31 st December
1994, which ceased to operate after six months. Subsequently, another ordinance
was issued in 1999. This ordinance was subsequently replaced by t he Patents
(Amendment) Act, 1999 that was brought into force retrospectively from 1 st
January, 1995. The amended Act provided for filing of applications for product
patents in the areas of drugs, pharmaceuticals and agro chemicals though such
patents were not allowed. However, such applications were to be examined only
after 31-12-2004. Meanwhile, the applicants could be allowed Exclusive
Marketing Rights (EMR) to sell or distribute these products in India, subject
to fulfilment of certain conditions.
10. The second
amendment to the 1970 Act was made through the Patents (Amendment) Act, 2002
(Act 38 0f 2002). This Act came into force on 20 th May 2003 with the
introduction of the new Patent Rules, 2003 by replacing the earlier Patents
Rules, 1972
11. The third
amendment to the Patents Act 1970 was introduced through the Patents
(Amendment) Ordinance, 2004 w.e.f. 1 st January, 2005. This Ordinance was later
replaced by the Patents (Amendment) Act 2005 (Act 15 Of 2005 ) on 4 th April,
2005 which was brought into force from 1-1-2005.
Patents Rules
12. Under the
provisions of section 159 of the Patents Act, 1970 the Central Government is
empowered to make rules for implementing the Act and regulating patent
administration. Accordingly, the Patents Rules, 1972 were notified and brought
into force w.e.f. 20.4.1972. These Rules were amended from time to time till 20
May 2003 when new Patents Rules, 2003 were brought into force by replacing the
1972 rules. These rules were further amended by the Patents (Amendment) Rules,
2005 and the Patents (Amendment) Rules, 2006. The last amendments are made
effective from 5 th May 2006.
Italy
The Florentine architect Filippo
Brunelleschi received a three year patent for a barge
with hoisting gear, that carried marble along the Arno
River in 1421.Patents were systematically granted in Venice as
of 1450. These were mostly in the field of glass making. As Venitians
emigrated, they sought similar patent protection in their new homes. This led
to the diffusion of patent systems to other countries.
England
In England the
Crown issued letters patent providing any person with a monopoly to
produce particular goods or provide particular services. Apart from the grant
to John Kempe and his company mentioned above[4] an early
example of such letters patent was a grant by Henry VI in 1449
to John of Utynam, a Flemish man, for a 20 year monopoly for his
invention.
This was the start
of a long tradition by the English Crown of granting of letters
patent which granted monopolies to favoured persons (or people who were
prepared to pay for them).[14] Blackstone (same reference) also
explains how "letters patent" (Latin "literae patentes",
"letters that lie open") were so called because the seal hung from
the foot of the document: they were addressed "To all to whom these
presents shall come" and could be read without breaking the seal, as
opposed to "letters close", addressed to a particular person who had
to break the seal to read them.
This power was
used to raise money for the Crown, and was widely abused, as the Crown granted
patents in respect of all sorts of common goods (salt, for example).
Consequently, the Court began to limit the circumstances in which they could be
granted. After public outcry, James I of England was forced to revoke
all existing monopolies and declare that they were only to be used for
"projects of new invention". This was incorporated into
the Statute of Monopolies in which Parliament restricted the Crown's
power explicitly so that the King could only issue letters patent to the
inventors or introducers of original inventions for a fixed number of years.
In the reign
of Queen Anne (1702–1714) lawyers of the English Court developed the
requirement that a written description of the invention must be
submitted [1]. These developments, which were in place during the colonial
period before independence of the U.S., were the foundation for patent law in
the United States, New Zealand and Australia.
In the United
Kingdom, the Patents Act 1977 harmonised UK patent law with the European
Patent Convention. Consequently, UK patent law is no longer based on the
Statute of Monopolies, but an amalgam of UK and European practices.
Coincidentally, the current length of UK/EU patents is still 20 years, similar
to that of the original declaration byHenry VI on the manufacture of
stained glass (destined for Eton College).
France
King Henry
II introduced the concept of publishing the description of an invention in
a patent in 1555. The first patent "specification" was to
inventor Abel Foullon for "Usaige & Description de
l'holmetre", (a type of rangefinder.) Publication was delayed until
after the patent expired in 1561.[13]
In
France, patents were granted by the monarchy and by others institutions like
the "Maison du Roi" and the Parliament of Paris. Most often novelty
was examined by the Academy.[15] Digests were published
irregularly starting in 1729 with delays of up to 60 years. Examinations were
generally done in secret with no requirement to publish a description of the
invention. Actual use of the invention was deemed adequate disclosure to the
public.[16] The modern French patent system was created during
the Revolution in 1791. Patents were granted without examination
since inventor's right was considered as a natural one. Patent costs were very
high (from 500 to 1500 francs). Importation patents protected new devices
coming from foreign countries. The French patent law was revised in 1844 :
patent cost was lowered and importation patents were abolished. In the 1860s,
the French Patent system was contested by liberal economists. Another reform in
1902 allowed a better publication of patents.[17]
United States
During
the period of America’s Thirteen Colonies a few inventors were able
to obtain monopolies (i.e. "patents") to produce and sell their
inventions. These monopolies were granted by petition to a given colony’s
legislature.
In
1641, Samuel Winslow was granted the first patent in North America by
the Massachusetts General Court for a new process for making salt.[18] In
1646, the Province of Massachusetts Bay granted inventor Joseph
Jenks Sr. the exclusive right to set up water mills using a speedier
engine he had developed for making edged tools, such as scythes. His
monopoly was to run for 14 years.[19]
The
Patent and Copyright Clause of the US Constitution was
proposed in 1787 by James Madison and Charles Cotesworth
Pinckney. In Federalist No. 43, Madison wrote, "The utility of the
clause will scarcely be questioned. The copyright of authors has been solemnly
adjudged, in Great Britain, to be a right of common law. The right to useful
inventions seems with equal reason to belong to the inventors. The public good
fully coincides in both cases with the claims of the individuals."
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".[20] It
empowered (section 1) "the Secretary of State, the Secretary for the
department of war, and the Attorney General, or any two of them" to
approve the grant of a patent to an inventor fulfilling the appropriate
formalities "if they shall deem the invention or discovery sufficiently
useful and important". The first three members of this Patent Commission
were Secretary of State Thomas Jefferson, Secretary of War Henry
Knox, and Attorney General Edmund Randolph.
The
first patent was granted on July 31, 1790 to Samuel Hopkins of
Philadelphia for a method of producing potash (potassium carbonate), an
essential ingredient used in making soap, glass, and gunpowder (Carnegie
Library of Pittsburgh, [3]). The method involved heating ashes from a wood
fire to burn off any residual soot, thus making a more concentrated chemical.
The
earliest law required that a working model of each invention be
submitted with the application. Patent applications were examined to determine
if an inventor was entitled to the grant of a patent. The requirement for a
working model was eventually dropped.
The
Patent Law was revised in 1793.[21] The rate of patent grants
had grown to about 20 per year and the time burden on the Secretary of State
was considered to be too burdensome. Patent applications were no longer
examined. Patents were granted simply by submitting a written description of an
invention, a model of the invention, if appropriate, and paying a fee of $30
($1000 in 2006 US dollars). Currently, (35 U.S.C. Sec. 112) requires a written
description of the invention only.[clarification needed] The
Commissioner of the USPTO may ask for additional
information, patent drawings, or diagrams if the description is not clear.
The
Patent Board was replaced by a clerk in the Department of
State. James Madison, Secretary of State, created a separate Patent
Office within the State Department and he appointed Dr. William
Thornton as its first superintendent in May 1802. On May 5, 1809 Mary
Dixon Kies became the first woman to be awarded a U.S. patent. In that
same year a Philadelphia court ruled that all patent holders were "in
violation of public rights." The ruling was overturned a short time later.[22] In
1810, the Patent Office moved from the Department of State to Blodgetts Hotel.
In the same year, they opened the patent model storage to the general public.
The
patent laws were again revised in 1836.[23] The examination of
patent applications was reinstituted. The number of patents granted per year
had grown to about 700. Also in 1836 the government began construction of what
is now called the Old Patent Office Building, where the offices and models
were housed from 1840 until 1932.[24] The Patent Office is now
housed in its own complex of buildings in Alexandria, Virginia.
The
first 10,000 patents issued by the USPTO from July 1790 to July 1836
were destroyed in a fire in December 1836. About 2800 of them were later
recovered, but the majority of them are still missing. The recovered patents
are now calledX-Patents because their patent numbers end with an
"X."
In
1870 Congress passed "An Act to revise, consolidate, and amend the
Statutes relating to Patents and Copyrights" (16 Stat. 198).[25] This
law mainly reorganized and reenacted existing law, but also made some important
changes, such as giving the commissioner of patents the authority to draft
rules and regulations for the Patent Office.
From
2005-2009, three consecutive US congressional sessions have debated a patent
reform act that would shift the US to a first-to-file rule, limit damages for
patent violations, and provide patent defendants more methods for defense. The
most recent is the Patent Reform Act of 2009.
Posted in: PATENTS
