The Origin and Development of Patent Law

In western countries, it is generally believed that the earliest patent was the monopoly right of 15 granted by King Henry III to a Bordeaux citizen in 1236, which was used to make fabrics of various colors.

In fact, this is a feudal privilege, not a patent in the modern sense.

Venice, the earliest country that established the patent system, promulgated the first patent law with modern characteristics in 1474, and approved the first recorded patent in 1476 on February 20th.

It is generally believed that the Monopoly Law promulgated by Britain in 1624 is the beginning of modern patent law, which has a great influence on the patent laws of other countries in the future. J Kohler, a German jurist, once called it "the great power of inventors".

From the end of 18 to the end of 19, the United States (1790), France (179 1), Spain (1820), Germany (1).

In the 20th century, especially after World War II, the patent laws of industrialized countries were revised one after another, and many developing countries also formulated patent laws.

Since 1960s, Algeria has adopted a new patent law at 1966, Brazil at 1969 ~ 197 1, India, Peru, Nigeria and Iraq at 1970, and Venezuela and Colombia at/kloc-0.

Argentina, Syria and other countries have also made major amendments to the patent law.

In the early 1980s, about 150 countries and regions established patent systems.

Algeria and Bulgaria, Czechoslovakia, the Democratic Republic of Germany, the Soviet Union and other countries, in addition to establishing the patent system, also adopted the inventor certificate system. After obtaining the inventor's certificate, the invention right belongs to the state, and the inventor gets a certain reward, but he cannot refuse others recognized by the state to use his invention.

Mexico adopts the invention certificate system. Inventors have the right to exploit inventions, but they can't refuse others to use them, but they can get certain rewards approved by the state.

The modern patent law began in the Republic of China's "Provisional Articles of Association of Award Technology" (19 12).

The Patent Law was promulgated on 1944 * * * *.

After the founding of People's Republic of China (PRC), 1950, the State Council promulgated the Provisional Regulations on the Protection of Invention Patents.

Hou invented the alkali production process in Hou Shi and obtained a patent according to this regulation.

This provision was later replaced by the "Regulations on Invention Awards" promulgated by 1963.

1980 1, China * * * formally established the patent system, and then established the China Patent Office.

1984 In March, the NPC Standing Committee passed and promulgated the Patent Law of People's Republic of China (PRC).