Patent Law
Thursday, April 30th, 2009Work of the founder of the states, the destroyers of tyrant of givers of law and of the heroes covers but narrows spaces, and supports but during a little time, whereas the work of the inventor however of less splendour is felt everywhere and for the last time for always. (Francis Bacon)
A PATENT is an exclusive right granted to a person who invented a new article or an improvement of an existing article or of a new process to make an article. It is composed of an exclusive right manufacture the invented new article or manufacture an article according to the process invented for one limited period.
Object of substantive patent law:
The object to grant a patent is to encourage and develop a new technology and an industry. An inventor can reveal the new invention only if it is rewarded, otherwise it can work it secretly. Thus the theory on which the system of patent is based at the time is that the occasion to acquire exclusive rights in an invention stimulates the technological advance in four manners:
. that she encourages research and the invention
. that it encourages an inventor to reveal his discoveries instead of keeping them as a commercial secret;
. that it offers the reward for the expenditure of the invention involute at the stage to which they are commercially feasible; and
. that it provides an incentive to invest the capital in the new lines of production which could not seem advantageous so many producers of competition embark on them simultaneously; (more…)