THE USE OF PATENT INFORMATION IN EUROPE
THE INVENTOR'S POINT OF VIEW
by Dr. Farag Moussa
President of IFIA
Keynote speech at :
PATLIB 92 Symposium
on National Patent Libraries in Europe
(Vienna, Austria, 1992)
Ever since time began, men have
been inventing things.
And from time immemorial we find
the same phenomenon repeating itself: inventors - most of whom certainly never described
themselves in such ringing terms! - were having that same idea, simultaneously but in
different parts of the globe, unaware the somewhere else, in other climes, other men were
at that very moment creating the selfsame object.
The situation had still not
changed when the patent system came into being in the 18th century. In fact, it continued
until very recently.
Let's consider European
inventors: For a long time any inventor who was a citizen of one of the great powers with
empires extending to the outermost limits of the world had nothing to worry about. It was
of little or no importance to him that someone was inventing the same thing elsewhere. He
had immediate access to a vast market covering not only his own country but also every
corner of the empire and its zones of influence. It was a form of protectionism.
We have now entered a new era.
Technology - in all its manifestations - has made our world completely interdependent and
increasingly transparent, and continues inexorably to do so - which means that there are a
thousand ways in which we can be robbed.
In this constantly changing and
- in some respects - alarming world, the inventor who needs to protect himself - his idea,
his brainchild - has good reason to feel lost.
What should he do?
Those of us attending this
meeting, representing patent documentation centres all over Europe, think we can help the
inventor by proposing that he explore the mountains of knowledge contained in the millions
of pages of patent documents. But what does he do with them?
Most of the time the
self-employed inventor - for he's the one I'm concerned with here - only has a one-way
relationship with the patent. As far as he is concerned, the patent is his, a document
protecting him, and that's that. He spares no thought for other inventors' patents
relating to the same field as his - or if he does, he doubts whether they would contain a
single idea of interest.
Especially when he thinks of his own experience - his first encounters with a
patent agent, which were tinged by a certain atmosphere of suspicion. The inventor, only
naturally, tends not to want to reveal all his secrets. Not until the patent agent
persuades him that he will do his utmost to "describe the invention without actually
giving a description of it" is his trust somewhat restored.
Having gone through this process
of "hide-and-seek", it's no wonder the inventor assumes that others do the same
and doubts whether he'll be able to find a single disclosure or innovation in other
patents dealing with the same field as his own.
If he is of a certain
disposition, this refusal to examine the brainchildren of other inventors or to consult
their patents may also be explained by the fear of being discouraged, paralyzed and
eventually saying "what 's the use? Others thought of it before me!". Or by the
fear of having his ideas muddled by so much reading and research - in short, allowing
these activities to interfere with an idea taking shape in his mind. Or, last but not
least, by the waste of time and energy this work would entail.
Invention is many -faceted: the
same subject may be tackled ad infinitum in different ways. It has offshoots, like the
many arms of Shiva, the Indian goddess. One idea leads to another, with endless spin-offs.
That' what some inventors say, understandably. Are painters told not to paint still lifes
because they've been the subject of paintings for centuries? Is a novelist asked not to
write a love story on the pretext that thousands of love stories have already been
written? And, before he sits down at his desk and picks up his pen, is he advised to read
everything ever written on the subject of love?!
There are also inventors who are
afraid of nothing! Who know they may actually benefit from consulting other people's
patents. Inventors of this type are usually no neophytes; they frequently already have
several inventions to their credit, they have experience and are familiar with the
routine.
Some of these old hands
nevertheless find grounds to be despondent, and so - on the whole - inventors still tend
to be ill-informed. The documentation centre is too far from home
At least, that's
what they think, although these days patent documents are kept not only at the patent
office library - normally in the capital city - but also elsewhere, in other institutions,
in other parts of the country. Unfortunately, many inventors are still unaware of all
this.
Let's follow the inventor on his
obstacle race in quest of some patent documents! First of all he has to find the building
where the patent documents are kept. There it is. Found it at last! But now he has other
problems: the legal jargon, the patent is in a foreign language, so much information and
so little time! He runs off a sheaf of photocopies - haphazard, hastily produced and often
useless - in the hope of not overlooking a single item of information: an extra expense
for his meager budget!
I know a lot has been done to
remove the obstacles from the inventor's path. For example, the language problem has
virtually been overcome, thanks to the international classification systems. Moreover, as
I've already mentioned, patent documentation centres have sprung up all over the place
outside the capitals. The diskette is increasingly taking the place of paper, and many
other facilities are available.
But it's not enough. I apologize
for repeating myself, but most inventors remain unaware of all that is done for them. How
can they be reached, reassured, encouraged, and - to get to the point - how can they be informed?
As you will have gathered, this need for information is one of my main preoccupations. I
may add that I should like our inventors' associations to meet this need as one of their
objectives.
That is why I am so grateful to
the European Patent Office for having spared a thought for me, for us, for the IFIA which
I am representing here, symbolizing with my presence thousands and thousands of inventors
from 52 countries, including 23 European countries. These inventors without whom nothing
would exist, whose creative minds are the wellspring of all these patent documents and
who, ironically, are the last to use them!
I should also like to take the
opportunity of this meeting to make some concrete proposals. These ideas of mine could
serve as a basis for future discussions and specific measures in which the IFIA is
prepared to collaborate with all of you.
As President of the IFIA, I
should first of all like to carry out an in-depth survey of all the inventors'
associations in Europe, asking them "How do inventors in Europe view their contacts
(or lack of contact) with patent documentation centres?" The IFIA would oversee the
entire operation and the results would subsequently be presented by the IFIA at a meeting
held by our hosts today, the European Patent Office.
I cannot stress enough how
essential it is that information should reach the inventors! There are a thousand ways of
drawing them out of their isolation, many of which will already be familiar to you. The
one I'm thinking of personally is connected with my experience as President of the IFIA
and the knowledge I've acquired of the psychology of avowed or potential inventors, who so
often require models to help them persevere in their efforts. And in the case concerning
us today, we need to show that self-employed inventors - and well-known ones, not just
anyone - have been successful precisely because they used information gleaned from patent
documents. We can equally make our point by focussing on the actual invention rather than
the (self-employed) inventor.
My idea is this: why not publish
a book of famous inventors or describing the actual inventions? The book would be
illustrated and written in everyday language. And it would be cheap - as even schoolboys
and schoolgirls are potential inventors!
Thank you for listening so
patiently to my plea on behalf of my protégés. And congratulations to the EPO on opening
up this possibility of dialogue, which is bound to be rewarding for us all, but
particularly for an expanding Europe. As they say: Europe may lack oil, but it is not
short of ideas: ideas that have wings because they are extremely fortunate in being able
to thrive in liberty and democracy.
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