The embryonic form of patent system sprouted in medieval Europe. /kloc-in the middle of the 0/5th century, the embryonic form of patent system was born in Britain and Italy, where commodity economic relations were initially developed. This is the monopoly right granted by the feudal monarchy to some businessmen or craftsmen to operate a certain technology exclusively. For example, 142 1 year, Florence, People's Republic of China (PRC) granted the famous scientist Galileo a 20-year patent right for the "pumping irrigation machine". Venice patent law has laid the foundation of modern patent legal system and is the embryonic form of modern patent law. If Venice patent law is the origin of the patent system, it has a history of 500 years.
With the rise of capitalist industrial revolution, the further development of commodity economy and the increasingly fierce market competition, the modern patent system has entered a development period from the embryonic stage. In modern times, the world's first complete patent law was produced in Britain, which is the monopoly law promulgated by Britain in 1623. This law is regarded as the originator of modern capitalist patent law. This Monopoly Law is the second milestone in the history of the development of the world patent system, and has initially possessed the basic elements of modern patent law. Therefore, on the eve of their industrial revolution, other countries in Europe and America followed the example of Britain and established patent systems in succession. The United States and France promulgated the first patent laws in 1790 and 179 1 respectively. Subsequently, some developed countries, such as the Netherlands, Austria, France and Japan, successively promulgated their own patent laws.
In the process of formulating and implementing the patent law, major capitalist countries have constantly revised and improved their own patent laws according to the development of modern technology and the practice of patent system, making the patent law a legal system to protect the interests of inventors and promote the development of science and technology. In the Patent Law, the state recognizes the inventor's creative achievements as the inventor's property rights, and grants him the exclusive monopoly right for a certain period of time, in exchange for the inventor to disclose his invention achievements to the society, so as to properly solve the interest relationship between the inventor and society.
In order to adapt to the progress of science and technology and the development of international economy, technology and trade, from the end of 19, the patent laws of almost all countries that have established patent systems are both domestic laws and foreign-related laws. Because the patent law is regional and only valid within its own scope, enterprises or individuals from one country apply to another country and obtain patent rights. Otherwise, the technology will not be protected in another country. In order to attract more inventions and achievements and promote China's scientific and technological progress and economic development. In order to attract more inventions and promote the scientific and technological progress and economic development of their own countries, the patent laws of many countries have broken through geographical restrictions and do not impose special restrictions on foreigners' right to apply for patents. Inventions and creations at home and abroad are also protected by law. 1883 The Paris Convention for the Protection of Industrial Property is the first international convention for the protection of industrial property rights (patents, trademarks, etc.). ) in history. The principles of "national treatment" and "international priority" stipulated in this convention provide convenience for nationals of one country to obtain patent rights in other countries. The so-called national treatment principle, as far as patents are concerned, is to ensure that the nationals of a contracting state enjoy the same rights and interests as those of the nationals of that country in the territory of other contracting States. The so-called principle of international priority is to ensure that patent applications filed by nationals of contracting States in other contracting States within a certain period of time can be regarded as filed on the day when the first application was filed in their own countries. In this way, the rights will not be lost because the invention has been published and utilized after the applicant filed his first application in his own country, or because others filed an application. Paris Convention is the embryonic stage of the internationalization of patent system.
Subsequently, the World Intellectual Property Organization was established in 1967 and came into force in 1970. 1970 signed a patent cooperation treaty, stipulating that if an invention needs to be patented in several countries, the applicant can apply through a single channel, and a single institution will search and examine it, and at the same time, the patent right can be obtained in several countries. Of course, whether a patent application can be approved depends on the national patent law. This can be said to be the first step in the internationalization of the patent system.
In addition, some regional patent cooperation organizations have also been established. Such as 1973 and 1977; 1962 Libreville agreement signed by French-speaking African countries; 1976 and other English-speaking African countries.
The international protection of patents is forming the development trend of international integration and regional integration. 1993 12 16 the Uruguay round negotiations of the general agreement on tariffs and trade also listed intellectual property services related to non-governmental trade as the negotiation topic, and reached the agreement on trade-related intellectual property rights (including trade in counterfeit goods), which marked the formation of a new international standard with the highest level of intellectual property protection.