A Study in Public Patent Law

To understand the invention as a legal concept, first its legal nature must be known, and then the rights of the inventor can be recognized. The study of patent law and the rights of inventors began in the second part of the 19th century and was developed gradually during the years with ratification of numerous international instruments. Following the ratification of various conventions in this field within the framework of international law, different conventions have been adopted and codified, protecting literary and artistic property as well as the rights of the author. Among these conventions, the multilateral Strasbourg Patent Convention (1963) is of significant importance, and has been the foundation of an evolution of vertical and horizontal perspectives at the European level.
From the vertical point of view, the governing European Law is considered as the applicable law between member countries. However, from the horizontal perspective, the comparative examination of the legislations of some important countries must be considered as examples of state legislations. That is why the French, Belgian and German legislations have been comparatively studied in this article. Another issue considered in this study, is the legal nature of the inventor’s rights which began with the Resolution N° 1 of «Congrès de Paris-1877». Our efforts to identify all legal aspects of the concept of invention, as well as the rights of the inventor, will result in a better understanding of the related diverse aspects of intellectual, literary, and industrial property.