History and modern function of patent law: European and US experience

International Law, Business and Political Science Journal ISSN-L 3235-9799 E-ISSN 3235-9799 IF(Impact Factor) 13.24 https://journallaw.totalh.net/ Volume: 11. Issue 12 November 2025 1 History and modern function of patent law: European and US experience Topildiev Bakhromjon Rakhimjonovich Tashkent State University of Law, Professor of the Civil Law department, Doctor of Law Abstract This article discusses patent of the right historical formation process , its modern legal and economic functions , as well as Europe and USA patent systems in the example of intellectual the property protection to do mechanisms analysis The role of the Patent Institute in stimulating innovation, problems related to monopolies , and the stages of development of judicial and regulatory practice are studied on a scientific basis. International experience is analyzed in comparison with national legislation, and legal proposals are put forward to improve the patent system of Uzbekistan. Keywords : Patent law, invention, intellectual property, innovation, monopolies, European experience, US patent system, case law, legal reform. When looking at the historical roots of patent law, it is clear that the origin of the idea of patenting an invention is unclear. Some sources mention that the ancient Greek polis had a similar system of patents. However, most researchers believe that the first informal patenting practice appeared in Renaissance Italy in 1474. The first document recognized as a modern patent was filed in Florence in 1421 to Filippo Brunelleschi. He was known for his work on the dome of the Florence Cathedral, and was granted exclusive rights to use this technology for three years for his creation of a new type of boat called “Il Badalone” designed to transport heavy loads such as marble slabs down the Arno River. Later, in 1474, the Venetian Senate adopted the Statute of Venice, which introduced a system of protection for disclosed technical solutions that were new and inventive. The first patent for an invention in England was granted in 1449 by King Henry IV to John Uthynham, a Flemish-born stained glass master. He had a 20-year monopoly International Law, Business and Political Science Journal ISSN-L 3235-9799 E-ISSN 3235-9799 IF(Impact Factor) 13.24 https://journallaw.totalh.net/ Volume: 11. Issue 12 November 2025 2 on a glass-making technique previously unknown in England. This method was used to decorate the windows of Eton College. centuries since the adoption of the Monopolies Act, the patent system has been developed not through direct legislation, but through judicial practice. In this process, lawyers and judges have shaped the mechanisms of application of patent law through interpretations and legal interpretations. By the reign of Queen Anne, significant changes had occurred in the procedure for granting patents: now patentees were required not only to disclose the essence of the invention, but also to provide in writing a method of its practical application. This approach laid the foundation for the formation of the institution of the “patent specification”. Providing a patent specification is the patent for a machine gun granted to James Puckle in 1718. This patent required the inventor to provide a detailed description of the technical solution and the procedure for its application. Similarly, Arkwright's famous spinning machine patent, filed in 1785, was invalidated despite ten years of practical use due to the incomplete specification. This case demonstrates the importance of transparency and clarity in the protection of inventions. In 19th century, the patenting process had become extremely complex and expensive. To obtain a patent, an applicant had to apply to seven different offices, obtain the monarch's signature twice, and pay high fees at each stage. Although technological development took place at a rapid pace during the Industrial Revolution of 1760–1830, the existing patent system was not adapted to these changes. It was this imbalance that intensified the need for an update of the system, and the need for patent reform became clear during the Great International Exhibition of 1851. Following institutional reforms, the Patents Amendment Act of 1852 established the modern Patent Office. This reform radically overhauled the previously inefficient and cumbersome British patent system and significantly simplified the process of obtaining a patent. It now required a written description of the invention to be submitted International Law, Business and Political Science Journal ISSN-L 3235-9799 E-ISSN 3235-9799 IF(Impact Factor) 13.24 https://journallaw.totalh.net/ Volume: 11. Issue 12 November 2025 3 with the application , and a public publication of patent applications was introduced. Previously, there was a separate patenting procedure for each territory of the United Kingdom , but after the 1852 reform, a single patenting system was introduced, reducing legal costs by almost 75 percent. As a next step, the Patents, Designs and Trade Marks Act of 1883 established the Office of the Controller of Patents and a staff of special examiners capable of conducting limited examinations. The examination process was mainly aimed at verifying that the patent specification clearly stated the subject matter and principles of application of the invention. However, at this time, a legal examination of the degree of novelty of the invention had not yet been introduced. The Patent Act of 1902 was a turning point in the development of the modern patent system . According to this legal act, before granting a patent, a procedure was introduced for assessing the novelty of an invention based on all patent specifications published in the United Kingdom over the past 50 years. Despite the limited scope of examination , the Patent Office was reorganized in order to organize the examination more effectively, and an additional 190 specialists were involved in addition to the existing 70 examiners. This indicates that patent protection has reached a qualitatively new level . The current legislation is the Patents Act of 1977. The Act was designed to accommodate modern technology and allow for future technological developments, such as advances in the pharmaceutical industry. In the 1980s, national patent granting bodies such as the European Patent Office (EPO) and the World Intellectual Property Office (WIPO) were developed. These bodies allow for the simultaneous filing of patent applications in several countries from a single application. Turning to the issue of patent practice before federal patent laws, America had no common law patent laws during the early colonial period. However, individuals who invented new products could petition the colonial governments, which would grant them International Law, Business and Political Science Journal ISSN-L 3235-9799 E-ISSN 3235-9799 IF(Impact Factor) 13.24 https://journallaw.totalh.net/ Volume: 11. Issue 12 November 2025 4 exclusive commercial rights to the products . The earliest such rights granted in the colonies were in Massachusetts in 1641. The Massachusetts General Court granted Samuel Winslow the exclusive right to use a new process for making salt for 10 years. This case is informally known as the first "patent" in America 1 . Other similar exclusive commercial rights were granted in other colonies and later states of the United States. These acts were private acts of the colonial or state governments granting commercial privileges to certain individuals, before general patent laws were passed in each state. The practice of using private acts to grant patents often originated in England, particularly with the Statute of Monopolies of 1624 . By the late 18th century, states began to adopt general patent laws, replacing case-specific acts. These state-level general documents set out standardized procedures for patent applications, the examination process, and general conditions for patent holders. The first state to adopt a general patent law was South Carolina in 1784 2 . This first general patent act of South Carolina was called the "Act for the Encouragement of Arts and Sciences." Although most of its provisions dealt with copyright protection, it also included the following provision: "Inventors of useful machines shall have the same exclusive privilege of making or selling their machines for a period of 14 years, subject to the same privileges and restrictions 3 ." Many other states followed suit in adopting general patent documents, most using a 14-year term similar to English practice. However, without a federal system, patentees who wanted to use their invention in multiple states had to file separate applications for 1 Manufactures of the United States in 1860; compiled from the original returns of the eighth census, under the direction of the Secretary of the interior. US Government Printing Office. 1865. p. cxxix. 2 The South Carolina Historical and Genealogical Magazine, Volumes 8–9. South Carolina Historical Society. 1907. p. 56. 3 Cooper, Thomas (1838). The Statutes at Large of South Carolina: Acts from 1716 to 1752. AS Johnston. p. 805 National Research Council (1993). Global Dimensions of Intellectual Property Rights in Science and Technology. National Academies Press. p. 49. International Law, Business and Political Science Journal ISSN-L 3235-9799 E-ISSN 3235-9799 IF(Impact Factor) 13.24 https://journallaw.totalh.net/ Volume: 11. Issue 12 November 2025 5 patents in each state, which was expensive and time-consuming. A standardized national patent law was needed for a more efficient patent filing process 4 . first adopted on September 17, 1787, provides for the protection of intellectual property. This provision is contained in Article 1, Section 8: "Congress shall have power... to promote the progress of science and useful arts, by securing for limited times to authors 5 and inventors the exclusive right to their respective writings and discoveries". The Patent Act of 1790 was the first federal patent statute in the United States. It was titled "An Act for Promoting the Progress of Useful Arts." The statute was concise, consisting of only seven sections. Similar to state laws, the federal law gave patentees a 14-year exclusive right to use their inventions without the possibility of an extension. This was unsatisfactory for many inventors who wanted to extend the term of protection for their inventions. They argued that 14 years was not enough , given that it often took several years to commercialize their inventions. 6 Another important aspect of the Patent Act of 1790 was that it did not allow foreigners to obtain patents in the United States. The Patent Act of 1790 gave the power to grant or deny patents to just three people: the Secretary of State, the Secretary of War, and the Attorney General. Patent applicants had to obtain the approval of at least two of the three officials to obtain a patent. The document provided for an examination process by the same three officials to determine whether inventions were “not previously known or used” and “sufficiently useful and important.” This examination process was soon criticized for being unreasonably time-consuming. At the same time, the individuals responsible for 4 Constitutional Rights Foundation, Bill of Rights in Action WINTER 2008 (Volume 23, No. 4). "The Origins of Patent and Copyright Law". Retrieved 26 March 2013. 5 copyright.gov. "Copyright Law of the United States of America and Related Laws Contained in Title 17 of the United States Code". Retrieved 26 March 2013. 6 Watson, Jason. "A History of the United States Patent Office." historical-markers.org . Retrieved 26 March 2013. International Law, Business and Political Science Journal ISSN-L 3235-9799 E-ISSN 3235-9799 IF(Impact Factor) 13.24 https://journallaw.totalh.net/ Volume: 11. Issue 12 November 2025 6 examining and granting patents had other important duties and could not handle the process quickly 7 . It took months to examine a patent. In 1793, the 1790 Act was repealed and replaced by the Patent Act of 1793. The document was notable for defining the subjects of patents, which have not changed to this day: "any new and useful art, machine, manufacture, or composition of matter, and any new and useful improvement in any art, machine, manufacture, or composition of matter." The process of applying for a patent in this later act was much simpler than in the Patent Act of 1790. People seeking a patent only had to apply to the Secretary of State, who then had to obtain an examination from the Attorney General. The examination process was simplified by removing the clause that the patented inventions had to be "sufficiently useful and important." Even if the utility of the inventions was insignificant , it was enough to be "not previously known or used" to obtain a patent. The Patent Act of 1793 and the subsequent Federal Patent Act of 1836 made it much easier to obtain patents. Only 57 patents were granted between the Patent Act of 1790 and the 1793 Act, but by July 2, 1836, a total of 10,000 patents had been granted 8 . However, this came at the expense of the quality of the patents granted. Thomas Jefferson, then Secretary of State, recognized the need to involve experts in the patent examination process. He hired staff from the University of Pennsylvania to help determine the novelty and utility of inventions. As more patent applications were received, the still loosely organized patent office was unable to adequately examine each application. Dupree commented in his book Science in the Federal Government: A History of Policy and Operation: "The Patent Office was weakened, but the inventors were more active than ever." Patents were granted for objects and processes that were not original inventions or were not useful. As this inefficient situation continued, more 7 PJ, Federico (1990). Operation of the Patent Act of 1790. Pat. & Trademark Off. Soc'y. 8 PJ, Federico (1990). Operation of the Patent Act of 1790. Pat. & Trademark Off. Soc'y. International Law, Business and Political Science Journal ISSN-L 3235-9799 E-ISSN 3235-9799 IF(Impact Factor) 13.24 https://journallaw.totalh.net/ Volume: 11. Issue 12 November 2025 7 and more patent expiration and infringement lawsuits were filed. Patent owners were dissatisfied, and the courts were flooded with patent lawsuits. Under the Patent Act of 1793, the United States prohibited foreign inventors from obtaining patents while simultaneously granting patents to Americans who pirated technology from other countries. “Thus, America became, by a national policy and legislative act, the world’s first legal haven for industrial pirates. Any American could bring a foreign innovation to the United States and commercialize that idea, all with legal immunity. another federal patent law was passed to reform the problems of the previous acts . The Patent Act of 1836 was significant in several ways. First, the act created a formal Patent Office, still part of the Department of State , but no longer under the responsibility of the Secretary of State . This relieved the Secretary of State of the enormous responsibility of granting patents, when he had many other important duties to perform. The Commissioner of Patents presided over the Patent Office instead of the Secretary of State. This reorganization of the Patent Office made the process of processing patent applications more efficient. Second, the law prevented the exploitation of already patented inventions by requiring that information about newly granted patents be made publicly available in libraries throughout the country. Anyone could consult this information to verify that their invention was truly original before applying for a patent. This greatly improved the quality of patents granted. Third, the act resolved a long-standing grievance over the terms of patents, which for the first time could be extended for an additional 7 years in addition to the 14-year term of protection. With the permission of the patent attorney, patentees could apply for an extension of their protection for good cause. Finally, it removed the requirements for U.S. citizenship and residency , making it possible for foreigners to obtain U.S. patents 9 . 9 Patent Act of 1836, Ch. 357, 5 Stat. 117 (July 4, 1836). International Law, Business and Political Science Journal ISSN-L 3235-9799 E-ISSN 3235-9799 IF(Impact Factor) 13.24 https://journallaw.totalh.net/ Volume: 11. Issue 12 November 2025 8 Patent No. 1 was issued on July 13, 1836. In 1836, the Patent Office also went back and invalidated all previous patents. Renumbered with the suffix “ X ” . Prior to this, patents were listed by name and date, not by number. After the renumbering, the first U.S. patent was Patent 1X . On December 15 of that year, the Patent Office caught fire , and only 2,845 patents were recovered. This resulted in a law requiring all patent applications to be filed twice . This law for duplicate patent applications was repealed in 1870 when the Patent Office began printing 10 . In 1849, the Patent Office was transferred from the Department of State to the Department of the Interior . , the basic structure of modern Patent Law was established by the Patents Act of 1952. This amendment required the inventor to describe not only his invention but also the basis for its infringement. In addition, to be eligible for a patent, the invention had to be new and useful, as well as "non-obvious" . This amendment, which required patents to be non-obvious, was made to protect individuals from being deprived of ownership or a body of basic knowledge in a particular field. In 1982, the Court of Customs and Patent Appeals was abolished and patent cases were heard by the newly created Court of Appeals for the Federal Circuit . The Federal Court of Appeals viewed patents favorably and began to provide greater protection for their owners 11 . 2011 , the Leahy-Smith American Inventions Act (AIA) introduced the most significant changes to the U.S. patent system since 1952. After decades of debate in the United States over the pros and cons of the "first-to-invent" and "first - tofile" systems, the AIA changed the U.S. patent system from "first-to-invent" to "first-to-file." The United States was the last country to still use the first-to-invent system. The AIA's reforms eliminate interference proceedings and foster post-grant resistance. Its central 10 Robert B. Matchette et al. Records of the Patent and Trademark Office. Maryland, 1995. The National Archives. Ed. US National Archives and Records Administration. website . National Archives. 11 Lawrence M. Friedman, 2002, American Law in the 20th century, p. 427 International Law, Business and Political Science Journal ISSN-L 3235-9799 E-ISSN 3235-9799 IF(Impact Factor) 13.24 https://journallaw.totalh.net/ Volume: 11. Issue 12 November 2025 9 provisions went into effect on March 16, 2013, for patent applications filed on or after that date. copyright and its protection in one of the most developed countries in the world - the United States, and to introduce the most favorable ones into the legislation of our country. Before considering what protections may exist in other jurisdictions, authors should first make sure that they understand the scope of protection in the United States. United States copyright law is regulated by the Copyright Act of 1976. According to US law, the original Copyright protection in works of authorship exists once the work is solidified in a tangible medium of expression. That is, copyright exists at the point of "putting pen to paper" and creating an original work. Although copyright can be registered with the U.S. Copyright Office, registration of the work is entirely permissible. In addition, if the author registers the copyright before the work is published or within three months after the work is first published, then the author may seek additional relief in an infringement action, namely attorneys' fees and damages. The author is also not required to include a “copyright notice” on the work. A copyright notice is a notice in the form of the word “copyright” or the copyright symbol, the year of first publication, and the copyright owner. However, it is good practice to include a copyright notice on published works, and this can be done whether or not the copyright is registered with the Copyright Office 12 . The U.S. has extensive intellectual property laws, and the government and law enforcement agencies are able to combat any infringement. The U.S. has a high standard of copyright and related rights protection for both foreign and domestic rights holders. Works published in the U.S. before January 1, 1927, are in the public domain. According to Section 408(a) of this Act, copyright protection in the United States does not require registration of a work. This Act was amended in 1993 to prohibit the 12 United States Copyright Office, http://www.copyright.gov/ Archived January 5, 2008,