| News items flooding from our daily information | | | | patent applications. To organize and maintain |
| sources on patents, company law suits, intellectual | | | | patents for easy cross examination, the Patent |
| property rights, and the like would make one | | | | Act of 1836 allowed the publishing of patents and |
| believe that the system of patenting is quite | | | | made them publicly available through libraries. The |
| young. On the contrary, history of patenting | | | | availability of knowledge of an invention from the |
| dates back to more than five hundred years. | | | | published patent documents created interest |
| The present day patent concept was first | | | | amongst the public. Due to increasing |
| implemented in England in 1449. King Henry VI of | | | | understanding amongst people of the economic |
| England granted a 20 year monopoly to one, John | | | | value and advantages of inventions, the number |
| Utynam, on his stained glass manufacturing | | | | of patent applications increased from 765 in 1840 |
| process. Though, stained glass manufacturing | | | | to 21,276 in 1867. A method for grouping similar |
| process was prevalent then, in various parts of | | | | patents under classes, begun in 1774, was also |
| England, it was the first state-granted limited | | | | evolving simultaneously. |
| monopoly for an industrial practice. By 1552, open | | | | In the meantime, in England, the Statute of |
| letters called Letters Patent were issued under | | | | Monopolies continued to exist for over two |
| the Great Seal of the King, to officers and friends | | | | hundred years. The Industrial Revolution and the |
| patronized by the Court. These Letters Patent | | | | Great Exhibition of 1851 lead to dramatic |
| were issued not only on inventions but on | | | | technological changes that were inefficiently |
| industries, too. For example, the stationers | | | | addressed by the Statue of Monopolies. With |
| enjoyed a privileged monopoly over publishing | | | | growing concerns over the state of public affairs, |
| industry in England. In 1624, the English Parliament | | | | the Government introduced the Patent Law |
| under the directions of Sir Francis Bacon, a great | | | | Amendment Act of 1852 and the Patent Office |
| thinker of those times, adopted the doctrine of | | | | was instituted. In a milestone achievement of the |
| public interest into patenting. It passed the Statute | | | | Act of 1902, patent documents from 1855 to |
| of Monopolies, recognizing the economic benefits | | | | 1900 were condensed and classified into 1022 |
| through innovation and awarded patents to | | | | volumes in 146 classes. The present day legislation |
| protect the rights of the inventors for a term of | | | | on patenting follows the Patents Act of 1977. |
| 14 years. | | | | On the lines of international collaboration, the need |
| Immigrants from England in search of new shores | | | | for worldwide accessibility to intellectual property |
| of opportunity, traveled to the New World that | | | | systems, including patents, was recognized in the |
| was already discovered by Christopher Columbus. | | | | Paris Convention in 1883. The countries entered |
| In 1585, authorized with a patent from Queen | | | | into the Convention (contracting countries) had |
| Elizabeth to claim and colonize the “heathen | | | | accessibility to the IP systems of other countries |
| and barbarous lands”, Sir Walter Raleigh, | | | | party to the Convention. Currently there are 171 |
| established the first British colony in North | | | | countries that are party to the Paris Convention. |
| America. Along with the colonizers came the | | | | In an effort to provide further international |
| patenting system from England to America. The | | | | cooperation, the World Intellectual Property |
| patenting system was followed provincially within | | | | Organization (WIPO) was established in 1967. |
| the various British colonies. | | | | WIPO is a specialized agency of the United |
| In due course of time, the need to protect the | | | | Nations promoting the protection of intellectual |
| interests of the inventors was constitutionally | | | | property throughout the world. The signing of the |
| recognized and included in the US constitution as | | | | Patent Cooperation Treaty in 1970, by various |
| the Intellectual Property Clause. Over the next | | | | countries, has made it possible to file patent |
| fifty years, after the US constitution was framed, | | | | applications to protect inventions in each of the |
| the US Congress passed the Patent Acts of | | | | contracting country. Presently, there are 184 |
| 1790, 1793, and 1836. These Patent Acts formed | | | | member countries of WIPO. |
| the basis for the first legally regulated patenting | | | | On similar lines, the European Patent Convention |
| system. The Patent Act of 1790 was drafted by | | | | of 1973 resulted in the establishment of European |
| Thomas Jefferson, the principal author of the | | | | Patent Office (EPO) that is responsible for |
| Declaration of Independence. The 14 years | | | | granting European patents. The 32 contracting |
| exclusivity of rights over an invention was | | | | states have entered into a multi-lateral treaty |
| retained in this Act, and it was required to submit | | | | creating an autonomous legal system for granting |
| s along with the applications. Under the 1790 Act | | | | European patents. |
| patents were issued only to physical inventions | | | | Presently there are about 200 patent offices |
| that were put into practice and not on ideas. | | | | including the USPTO in US, Patent Office in UK, |
| The patent application examination extended over | | | | and EPO for European countries. Patent offices |
| several months and the granting happened over | | | | like ROSPATENT and SIPO of Russia and China |
| even longer durations. Between 1790 and 1793 | | | | are as recent as 1955 and 1980. The patenting |
| only 57 patents were issued owing to inefficiency | | | | system is fast growing even in countries like |
| at the level of processing patent applications. As a | | | | Ethiopia, Afghanistan, Angola and Papua New |
| response to the mounting pressure from the | | | | Guinea. Organizations like WIPO and EPO, |
| inventors the Patent Act of 1793 was passed to | | | | additionally are promoting IP protection on a global |
| make the patent system efficient. Between 1793 | | | | scale. |
| and 1836, there was an increase in the number of | | | | |