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72 DESIGN007 MAGAZINE I JANUARY 2023 e patent system is among the most impor- tant gis that the Founding Fathers le us in the U.S. Constitution, specifically in Article 1 Section 8, which contains the deceptively sim- ple Clause 8: "[e 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." From those few words enshrined in the Con- stitution, it is evident that they understood the importance of innovation to the success of the nation. Note that the statement does not use the term "patent" but instead uses the term "right to their respective writings and discover- ies." e idea of issuing patents came to Amer- ica by way of the Old World; the term traces its roots back to England's Statute of Monopolies of 1624, which endowed inventors with the sole rights to their inventions for a period of 14 years. e Founders clearly knew that granting such rights would be important to the growth and improvement of the nation; they also rec- ognized that by granting inventors limited monopoly over their ideas for a period, inven- tors would be more open to sharing ideas and discoveries that would help build that nation. Since its founding, the United States and its laws have protected and encouraged innovation. e concept of the patent is now universally embraced at every level of business, at least intellectually if not always in practice. Today, while a great many countries have their own patent systems, the international Patent Coop- eration Treaty (PCT) of 1970 provides a uni- fied procedure for filing patent applications to protect inventions from member countries. A patent application filed under the PCT is referred to as an "international application," though PCT filing does not lead to the grant- ing of an international patent, as one must still file separately for a patent in each nation where protection is sought. When it comes to patents, there has been an effort to "make things simpler," but as we all know implementing such policies in bureau- cracies can be challenging. Moreover, the "Rule of Law" is not always equally applied. In recent years, illegal expropriation of intel- lectual property has become a major concern, which is very unfortunate and undermines the intention and purpose of patent grants. It is a sad reality that the global patent sys- tem is not in great shape. Many countries have attempted to collaborate to make a more use- ful and enforceable system, but concerns over commerce and competitiveness have caused many business leaders to turn a blind eye to patents—especially among newer members of the international business community, where the idea of intellectual property is not given much weight. e more cynical folks in most industries commonly assume that a patent is of no value until it is tested in court and backed by the weight and force of governments that have the power to restrict trade. is must delight litigators around the globe, since they seem to make their greatest personal gains from con- flict; they are always assured a "win," no matter what the outcome is for their client. As many haggard veteran inventors have observed: If you think getting a patent is expensive, try defending one. Lest the reader be le in a dark mood at the beginning of a new year, it is important to remember that at a fundamental level, the basic idea of the patent is still a good one. If a patent causes one new good idea to enter cir- culation, then the process is worth it. ere will never be a need to shut down the patent Since its founding, the United States and its laws have protected and encouraged innovation.