PATENT OFFICES AND THEIR SERVICE TO INVENTORS
VIEW POINT OF INVENTORS
by Dr. Farag Moussa
President of the International Federation of Inventors' Associations (IFIA)
Lecture given at a workshop
Lecture at a WIPO and ARIPO Regional Seminar
(Harare, Zimbabwe, 1992)
INTRODUCTION
There are patents only because
there are inventions. And there are inventions only because there are inventors! No
inventors, no patent offices. That is my credo.
But inventors must also
recognize that without patent offices there would be no patents! Of course there would
still be inventors, but their creations would not be protected.
Conclusion: patent offices and
inventors must live together. They must learn to live together. Sure it 's not a love
marriage, it's a marriage of necessity. But that's the way it is.
* * *
We, in IFIA, initiated a study
in 1992, so as to better know - and make known - the point of view of inventors concerning
this marriage of necessity, that is to say the relations between inventors and patent
offices. We were happy to see that the preliminary results of this IFIA study (which were
presented at the WIPO-IFIA Symposium in April 1992) had encouraged some patent offices to
look into the subject in turn. We have here today in Harare an excellent example of this
common effort to better understand each other. The Zimbabwe Patent Office was asked to
give the view point of a patent administration on the services rendered by patent offices
to inventors, while I was asked to give you the view point of inventors.
First of all, let me tell you
that our 1992 IFIA preliminary study was based on the answers we received after we sent a
questionnaire to all national inventor associations. 30 associations answered the
questionnaire. Two of them - Ghana and Tanzania - belong to the countries invited here in
Harare. Unfortunately we did not receive answers from the three other countries invited to
this Regional seminar and which have national inventor associations: Nigeria, Sudan and
Zimbabwe.
Let me stress that IFIA's
objective in finding out the view point of inventors was not to lament or criticize the
patent offices. We just wanted to find out about the state of relations; so that these
relations could be improved. When answering to our questionnaire some
inventor associations requested that the patent office do what other government
administrations are doing or should be doing for them. In my view, these associations were
definitely asking too much from their patent offices.
* * *
The inventor's point of view on
patent offices (POs hereafter) simply reflects the answers to our questionnaire. We shall
first examine the relationship between the patent offices and the inventors
associations, and then we'll deal with the relationship between the patent
offices and the inventors themselves as individuals.
Before getting into details, let
me add a few general remarks. Traditionally the patent offices were only concerned with granting
patents - whether this was done with or without examination. The
patent office staff dealt with papers and files, and the only persons they usually met
were patent agents acting on behalf of the inventor or the owner of the invention, most of
the time a firm or a company.
In brief the staff of the PO had
very little to do with the inventor himself, whose name they often did not even know. In
fact, in many countries the patent law does not require that the name of the inventor be
identified in the patent application - only that of the applicant who may well not be the
inventor. Fortunately, things are changing today. I don't want to brag, but it is
definitely one of IFIA's success if the name of the inventor will soon have to be
mentioned in the application and in the patent and that in every country of the world.
Today, examining
inventions and granting patents is no more the only function of
the patent office. Governments have at last understood something that should go without
saying: that is that there can be no inventive activity without inventors. A country
really interested in encouraging inventive activity among its people must never forget
that it must first address the person behind the creation.
I am glad to say that nowadays
many governments are very much aware of all this and have thus decided to add a new
function to their patent offices: that is to encourage and help
the inventor, the creator in his activities.
PART I
THE RELATIONS BETWEEN
THE PATENT OFFICES AND THEIR INVENTOR ASSOCIATIONS
A. HOW IS THE GENERAL
QUALITY OF THOSE RELATIONS ?
The vast majority of
associations consider those relations to be "good", "very good", or
"excellent". We therefore are faced with the happy task of making generally good
relations even better.
B. WHAT KINDS OF SUPPORT
ARE RECEIVED BY THE ASSOCIATIONS FROM THEIR POs ?
Creation of the
Association
Many associations - the majority of which are from developing countries - responded
that the PO did in fact participate in the creation of the association. This response is
again an encouraging sign, because it indicates that the POs have recognized the need for
a support organization for inventors and have taken steps to bring it about.
Premises and/or
Administrative Support
Many associations indicated that their POs provide them with material support in
the form of premises for association headquarters or support facilities, or help in
administrative duties (typing, printing, etc.)
Financial
A very small number of associations responded that their POs give them direct
financial support; the vast majority of POs do not.
The lack of direct financial support is understandable to an extent since POs are
generally limited in the amount budgeted to them by the government.
Associations might more profitably seek support from their POs in areas which do
not involve the direct transfer of money. It appears to be easier for the POs to lend
support in the form of direct materials or services instead of money which is more closely
watched in the budget.
Presence and/or
Speakers at Association Meetings
A large majority of associations responded that their POs attend their meetings and
provide speakers therefor.
It stands to reason that if a PO is willing to send a representative to an
association public meeting, the PO would be cooperative in providing speakers if invited
to do so. Those associations which do not have representatives of their POs attending or
speaking at their conventions probably lack these things simply because the association
has not invited the PO.
Another reason may be that some associations just do not hold conventions and other
public meetings of the kind. Unlike financial support, attending or speaking at a meeting
is not a hard thing for a PO to do, and most likely it would be happy to attend.
Jury Members at
Exhibitions
A large minority of POs provide jury members at association exhibitions. This
smaller number (as compared to attendance at meetings) should not be seen as a lessening
of interest on the part of the PO. Few associations organize exhibitions themselves. We
are certain that most POs would, if requested, provide jury members at associations
exhibitions.
Awards at Association
Exhibitions
A significant minority of POs provide awards for association exhibitions. This
small number may be due to two factors not related to the attitude of the PO, and already
mentioned. This kind of moral support requires a very small expenditure and is something
that is easy for the PO to do. Perhaps those associations which do not have PO awards
should encourage their POs to do so since it requires a minimum of expense and effort.
General Comments
Regarding Services Rendered by POs to Associations
The responses indicate a desire on the part of the POs that the inventor
association should be essentially self-supporting once it is up and rolling with primarily
non-financial support from the POs. This view is confirmed by the fact |