The earliest form of patents might have existed in the 500 BC in Sybaris, Greece where monopolies were granted to new dishes for a period of one year. Some even contend that the patents originated in the Roman Empire where guilds existed, but its uncertain whether the guilds in that era followed such a system as they existed primarily for social and religious purposes. The guilds in the Middle Ages developed in the context of the market economies that existed in the cities. Maybe the proprietary attitude developed to safeguard the craft knowledge which had attained widespread reputation outside the region, thus increasing the commercial value of the craft. The, the guild system followed a system of apprenticeship, which facilitated the process of imparting the techniques of the craft. Thus it can be regarded as communal property, rather than a monopoly held by an individual. The craft developed within the guild and was shared by all the craftsmen of the guild. For example, the Venetian glassmakers had reputation for glassmaking during the Renaissance time. Glassmaking was strictly restricted to guild members and was closely controlled by them. There were regulations as to working days, apprenticeship, technical specifications, quality of the glass, ingredients to be used. As the reputation of their craft increased the commercial value also increased, with it the realization that the craft must be strictly forbidden from being exported to other parts of Europe. Thus, the earliest forms of monopoly emerged in the form of a communal property, restricted to a region and the guild. Patents could have emerged out of the need to develop new industries within in the realm. The need for increased revenue, prevailing high taxes meant that the royalty could fill their coffers by allowing foreigners to practice new art within the realm. Protection of the trade, tax incentives may have served as inducements to lure the foreigners to introduce new industries. They were to be granted exclusive rights to practice their art for a certain period of time.
The word patent comes from the Latin 'litterae patentes', meaning an open letter. Such letters were used by medieval monarchs to confer rights and privileges. With a royal seal, the letters served as proof of those rights, for all to see.
While the first system for patenting inventions cannot be attributed to any one country, it is generally acknowledged that the first informal system was developed in Renaissance Italy. This system was introduced into the rest of Europe by émigré Venetian glass-blowers to protect their skills against those of local workers.
The first recorded patent of invention was granted to John of Utynam. In 1449, he was awarded a 20-year monopoly for a glass-making process previously unknown in England (subsequently, he supplied glass for the windows of Eton College Chapel, UK). In return for his monopoly, John of Utynam was required to teach his process to native Englishmen. That same function of passing on information is now fulfilled by the publication of a patent specification.
In North America the colonies adopted a similar system of limited monopolies. Following the revolution in 1788 Article I, section 8 of the Constitution was ratified:
'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 writing and discoveries'.
More recently, during the 1980s, we have seen the development of supra-national patent-issuing authorities - the European Patent Office and World Intellectual Property Office (WIPO). These bodies enable patent applications to be filed simultaneously in a number of countries. In 1995, US patent law was changed following the GATT agreement to harmonise USPTO practice with the patent system in other countries.
Bangladesh inherited a century-old legal framework for intellectual property Rights (IPR). The patent system was introduced in this sub-continent by the British based on their own patent system in 1856. That act was gradually modified year after year to comply with the demand of age. Finally, the Indian Patents & Designs Acts come into existence in 1911. After Independence of Bangladesh, this Act in the name of Patents & Designs Act, 1911 has been continuing in operation till now with certain modifications and The Then Patents & Designs Rules, 1933 with few amendments is also in effect till now.
In Bangladesh, protection of Intellectual property mainly other than copyright comes under the purview of Ministry of Industries. On behalf of Ministry of Industries, Department of Patents, Designs & Trademarks (DPDT) administers all the activities relating to industrial property (i.e. Patent, Design, Trademark, GI etc). Before 1989 Trademark & Patent offices were in separate entity under Ministry of Commerce. Trademark office & Patent office merged in 1989 and came under the purview of Ministry of Industries and virtually, as a department namely DPDT started its work from 20.3.2004.
See more at:
http://altlawforum.org/publications/a-history-of-patent-law/ See more at:
http://ip-science.thomsonreuters.com/support/patents/patinf/patentfaqs/history/
