The Creation of Harmonised Patent Protection in Europe

Abstract

The idea underlying every patent system is to encourage technical research and development by granting an inventor a monopoly for a limited period of time, usually twenty years, in return for a full written disclosure of how to work the invention, which is then published. Consequently also, inventors are encouraged to make their inventions public, instead of working their inventions secretly, and the availability of such information provides a basis for further research and development. The monopoly which is granted is a legal right to prevent others from using the invention as defined in the patent without the permission of the patent proprietor, during the period of time when the patent is in force. The inventive technology may then be exploited under the protection of the patent either exclusively by the inventor or his employer, or by way of assignment or licence, in combination with associated know-how when appropriate. The future development of the inventive technology may be regulated in accordance with the chosen method of exploitation.