Inventions: History, Role, and Global Protection Mechanism

INVENTIONS: HISTORY, ROLE, AND GLOBAL PROTECTION MECHANISM
(Synthesized from WIPO Publications and Official Legal Texts)

1. Definition and Legal Nature

According to WIPO, a patent is an exclusive right granted for an invention, which is a product or a process that provides a new way of doing something, or offers a new technical solution to a problem [1].

The essence of a patent is a “Social Contract”: The state grants the owner the exclusive right to prevent others from commercially exploiting the invention for a limited period (usually 20 years). In exchange, the owner must fully disclose the technical information to the public to enrich the common pool of human knowledge [2].

2. Historical Development: Key Legal Milestones

The evolution of patent law is closely tied to the history of commerce and the need for technology transfer.

2.1. The Venetian Statute (1474) – The First Written Law

While royal privileges existed earlier, the Venetian Statute of 1474 is widely recognized by the WIPO academic community as the first statutory patent system in the world.

“Any person who shall make in this city any new and ingenious device… shall be obliged to declare it to the office… so that it may not be used by anyone else in the Republic for ten years.”

• Significance: It shifted the mechanism from a discretionary “royal favor” to a “legal right” based on novelty and utility [3].

2.2. The Paris Convention for the Protection of Industrial Property (1883)

This was the first major international treaty, established to address the problem of cross-border filing.

• Core Mechanism: It established the “Right of Priority” (Article 4 of the Paris Convention). This allows an applicant to file in Country A and then file in other member countries (e.g., US, Japan, EU) within 12 months, and still have the application considered as if it was filed on the original date in Country A [4].

2.3. The Patent Cooperation Treaty (PCT – 1970)

Signed in Washington, the PCT is the backbone of the modern international patent filing system administered by WIPO, allowing applicants to seek patent protection in numerous countries simultaneously through a single filing [5].

3. Patentability Requirements

According to the WIPO Intellectual Property Handbook and Article 33(1) of the PCT, an invention must meet three core criteria to be granted a patent:

3.1. Novelty (Absolute)

The invention must not be part of the “Prior Art.”

“The invention shall be considered novel if it does not form part of the prior art.” (PCT Article 33(2)). Prior Art includes everything made available to the public anywhere in the world by written description, oral disclosure, public use, or otherwise, before the filing date [6].

3.2. Inventive Step (Non-obviousness)

The invention must not be obvious to a “Person Skilled in the Art” in the relevant technical field.

“The invention shall be considered to involve an inventive step if… it is not obvious to a person skilled in the art.” (PCT Article 33(3)) [6].

3.3. Industrial Applicability

The invention must be capable of being made or used (technically) in any kind of industry, including agriculture.

PCT Article 33(4). This criterion excludes purely scientific theories or perpetual motion machines (which violate physical laws) [6].

4. The WIPO PCT International Protection Mechanism

The WIPO-administered PCT system provides a strategic route for obtaining patent rights globally. Applicants follow this standard timeline:

1. International Filing: A single application is filed, which has the legal effect of a regular national filing in all designated PCT Contracting States [5].
2. International Search: An International Searching Authority (ISA) issues an International Search Report (ISR) listing the most relevant technical documents that may affect the novelty and inventiveness of the invention.
3. International Publication: 18 months from the priority date, the content of the patent application is published globally on WIPO’s PATENTSCOPE database [7].
4. National Phase Entry: Typically around the 30th or 31st month, the applicant must enter the national phase by paying fees and translating the documents in each specific country where protection is sought.

Note: WIPO does not grant a “global patent.” The final decision to grant the patent rests solely with each country’s National Patent Office [5].

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List of References & Citations

[1] WIPO Publication No. 450: What is Intellectual Property? (Page 5 – Definition of Patent).

[2] WIPO Intellectual Property Handbook (Publication No. 489): Chapter 2 – Fields of Intellectual Property Protection (Page 17 – Role of the patent system).

[3] WIPO Magazine: The Venetian Decree of 1474: A 550-Year Milestone (June 2024 Issue – History of the Venetian Statute).

[4] Paris Convention for the Protection of Industrial Property: Article 4 (Right of Priority).

[5] WIPO PCT Applicant’s Guide: Introduction to the International Phase (Overview of the PCT process).

[6] Patent Cooperation Treaty (PCT): Article 33 (The International Preliminary Examination) – Defining Novelty, Inventive Step, and Industrial Applicability.

[7] WIPO Guide to Using PATENTSCOPE: Mechanism of information dissemination.