THE NATURE AND ORIGINS
OF PATENT RIGHTS
One man should not be afraid of improving his possessions, lest they be taken away from him, or another deterred by high taxes from starting a new business. Rather, the prince should be ready to reward men who want to do these things and those who endeavour in any way to increase the prosperity of their city or their state.
Niccolò Machiavelli: The Prince ( 1514)
|What is a Patent?||3|
|Patents and Monopolies||7|
|Early History in England||8|
|Elizabethan Monopoly Grants||8|
|The Statute of Monopolies||9|
|Disclosure of the Invention||9|
|Early History in Continental Europe||10|
|France and the Netherlands||12|
|Early History in America||12|
|The US Constitution||12|
|Grant to Inventors||13|
|The Consideration for the Grant of a Patent||14|
A patent may be defined as a grant by the state of exclusive rights for a limited time in respect of a new and useful invention. These rights are in general limited to the territory of the state granting the patent, so that an inventor wishing protection in a number of countries must obtain separate patents in all of them. The name 'patent' is a contraction of 'letters patent' (Latin litterae patentes, 'open letters') which means a document issued by or in the name of the sovereign, addressed to all subjects and with the Great Seal pendant at the bottom of the document so that it can be read without breaking the seal.
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Publication information: Book title: Patents for Chemicals, Pharmaceuticals, and Biotechnology:Fundamentals of Global Law, Practice, and Strategy. Contributors: Philip W. Grubb - Author. Publisher: Oxford University Press. Place of publication: Oxford. Publication year: 1999. Page number: 3.
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