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Article #45

FAQ 8- (Short) History of Patents

#45
From: patents
Date: Fri, 10 Apr 1992 07:36
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[Disclaimer- The information presented below should not be
relied upon. Although presented in good faith, readers should
consult a patent lawyer or the like before making any
decisions that may have economic consequences.]

Frequently Asked Question List Under Construction
=================================================

Proceed With Caution !!!
All Comments & contributions MOST welcome
Short and concise please...



1: What is a Patent 
2: 
3: Laymans Books
4: Patents cf Copyright
5:
6: Infringement
7: 
8: History of Patents. [This Post]
9:
10: FTP information
11:
12:
13: Priority Rights
14: Prior Art and Publication Rules
15:
16:
17: International Conventions (PCT & EPC?)
18:
19:
20:




[mod- the following is provided for comment for future
formation of this FAQ question.]

8. (Short) History of Patents
==============================

The origins of the patent system are intertwined with the
words "Letters Patent" which historically were defined to be
the exclusive privilege conferred by the sovereign or state of
selling some commodity or conducting some trade. 

During the Middle Ages these monopolies were granted by the
Crown for many reasons, including the establishment of a trade
or industry, protection of a league or guild against
competition, a reward for coming under royal favor or, also,
for efforts of genius.

These monopoly grants of "Letters Patent" were abused by the
Crown and turned into a form of revenue raising in return for
increased restrictions on citizens with most staple products being
subject to monopoly. 

Eventually the situation led to the English Parliament
enacting the Statute of Monopolies in 1623 by which all form
of monopolies, with an important exception,  were abolished. 
This exception related to Letters Patent granted for the
introduction of 'any manner of new manufacture, within this
realm'. These monopolies were to last for a term of 14 years,
the traditional time for 2 periods of apprenticeship to expire.


Subsequently complex procedural requirements led to the
formation of the requirement for a specification outlining the
invention and later, the need to claim the invention in a
claim like form.


In the United States, the founders of the Constitution
recognized the value of patents in Section 8 of the US Constitution:

	The Congress shall have Power ... 
	To promote the Progress of Science and useful Arts, 
	by securing for limited Times to Authors and Inventors the 
	exclusive Right to their respective Writings and Discoveries;
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From: patents@cs.su.oz.au
Newsgroups: comp.patents
Subject: FAQ 8- (Short) History of Patents
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Date: 10 Apr 92 07:36:49 GMT
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