“EVOLUTION OF THE INTERNATIONAL PATENT SYSTEM”

AUTHOR – FAHAD ALAM, AMITY LAW SCHOOL, AMITY UNIVERSITY, PATNA

BEST CITATION – FAHAD ALAM, “EVOLUTION OF THE INTERNATIONAL PATENT SYSTEM”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 72-75, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The evolution of the international patent system has been a complex and multifaceted process, shaped by technological advances, economic imperatives, and political conflicts since the late nineteenth century. Initially emerging during the industrial revolution in Europe, the patent system was born out of a surge in inventive activity but was not directly aligned with economic development or innovation. In fact, during the mid-nineteenth century, opposition to patents grew in response to concerns about monopolies stifling national economies and international trade. For instance, the Netherlands abolished its patent system in 1869, only to reintroduce it decades later, while other European nations adopted protectionist laws disadvantageous to foreign competition.

Early patent grants, such as those in Renaissance Italy and the Venetian Patent Act of 1474, primarily honoured inventors rather than conferring exclusive economic rights. The Statute of Monopolies (1623) in England marked a shift, laying the foundation for modern patent law by recognizing inventors’ rights primarily for the benefit of society rather than the individual. By the eighteenth and nineteenth centuries, the system spread to continental Europe, the United States, and Latin America, each adapting patent laws to promote local industries and industrialization.

A significant turning point came with the increased internationalization of trade and innovation in the late nineteenth century. Despite widespread adoption, the “patent controversy” of this era revealed tensions between expanding inventors’ rights and fears of monopolistic abuses. This controversy influenced international efforts, culminating in the Paris Convention of 1883, which established essential principles- national treatment, right of priority, and working requirements—each designed to harmonize and facilitate global patent protection.

Throughout the twentieth century, a series of revision conferences refined the system, gradually shifting focus from local working and revocation towards compulsory licensing, and ultimately reducing the regulatory autonomy of less developed countries. These changes increasingly favored the interests of industrialized nations, particularly with the advent of global agreements like TRIPS. Overall, the development of the international patent system has reflected a recurring struggle between rewarding individual innovation, advancing societal interests, and balancing disparities between developed and developing nations.

Keywords- Patent, Monopoly, Innovation, Compulsory Licensing, Industrial Revolution.