The Legal Nature of Patent Development
Article Sidebar
Main Article Content
Abstract
There is no doubt that the development of a patent constitutes one of the most significant elements of technological progress, upon which countries are classified as developing or economically advanced. An invention may be achieved, but this does not mean that the creative intellectual effort comes to an end. Improvements and modifications may be introduced to the original invention, whether by the original inventor or by others.
Patent development is regarded as an innovation worthy of legal protection, provided that it meets the substantive requirements for patentability, in addition to the prerequisite that the original invention must already be protected by a granted patent. This latter requirement has raised a key issue concerning the relationship between the development and the original invention, particularly with respect to the duration of legal protection.
Some legal opinions consider the development to be dependent on the original invention and therefore protected only for the remaining term of the original patent. Others regard it as an independent invention that deserves its own separate term of protection—unaffected by the lapse or abandonment of the original patent.
Article Details
This work is licensed under a Creative Commons Attribution-ShareAlike 4.0 International License.
References
First: Legal books
-Dr. Ahmed Naeem Shenyar, Protection Legal For innocence invention, Edition First, house the university New, Alexandria , 2010 p. 225.
-Dr. Khater Lotfi, encyclopedia Ownership Intellectual ( study) Authenticity For the law No. 82 of 2002 in Affair protection rights Ownership intellectual ) , library institute rights For ownership Intellectual, Cairo, 2003.
-Dr. Abdul Al-Fattah Bayoumi Hijazi, Ownership Industrial in the law Comparative, house thought University, Alexandria, 2008.
-Dr. Abdul The Most Merciful Antar slave The Most Gracious, innocence invention and standards Protect it, Don edition, house thought University, Alexandria, Don year Print
-Dr. Samiha Qalyubi, Royalty Industrial, Edition ten o'clock, house Renaissance Arabic, Cairo, 2016.
-Dr. Seniot Halim, law innocence invention No. 82 of 2002 , facility Knowledge, Alexandria 2004.
-Dr. Qahtan Salman Rashid Al-Qaisi, Protection Legal catch up The inventor And Malik The mark commercial, Don edition , printing press Al-Jahiz, Baghdad, Don year print.
-Dr. Mahmoud selected Prairie, Commitment Exploiting Innovations New, house thought Arabic, Cairo, Don year Print
-Dr. Nidaa Kazem Mohammed Jawad The Master, The effects Legal For decades transfer Technology, Edition First, house Wael For publication, 2003.
Second: Theses and dissertations
-Bashar Qais Muhammad, contracts transfer Technology in framework the law International Private, thesis PhD, University eye Shams, Egypt, 2016 .
-Jalal Ahmed Khalil, the system Legal To protect inventions And transfer Technology to countries Developing, Thesis PhD, Faculty Law, University Cairo, Egypt, 1979 .
-delicate eraser Religion, order Legal to hold Licensing Exploiting innocence invention, message Master's, university My food Mohand Olhaj, Algeria, 2013 .
-slave God Dervish slave God, condition Grandmother in inventions According to Agreement Paris And the extent Its suitability For countries developing, message PhD, college rights university Cairo, 1992 .
-Lost Zuhair Khalil, order Legal to hold transfer Technology, message Master's, college the law , university Babylon, 2007 .
-glory Religion Mohammed Khawalda, Protection Civilization For innocence invention Additional in the law Jordanian ( study) comparison with agreement Aspects connected By trade from rights Ownership intellectual Thrips ) , message Master's, university the the house, Jordan, 2013 .
-Mohammed Ahmed Mahmoud Hamdan, organization Legal For innocence invention Additional, message Master's, university the East Middle East Jordan, 2011 .
Third: Laws
-Iraqi Patents and Industrial Designs Law No. 65 of 1970, as amended.
-Egyptian Intellectual Property Rights Protection Law No. 82 of 2002.
-United States Code Title 35 – Patents 2021 .
-C- The Intellectual Property Code was modified: 1/6/2023.
Fourth: Websites
-D victorious Abdul Salam Ajwaid The Sarayrah and Dr. Elham Hamed Abdel Moneim Ovaries, Protection Civilization To invent Additional via compensation study in the law Jordanian And my agreement Paris Trips, p. 64 , available on Website : https://repository.najah.edu . Date Visit 11/25/2023 .
-Dr. Hossam Religion Little one, seminar WIPO National on Ownership intellectual For officials Governmental, p . 19 , available on the site https://www.wipo.int History Visit 6/2/2024.
-newspaper Official For the office patents Egyptian Issue No. (857) January 2023. Published on 1/16/2023 on location office Patents invention Egyptian on network Internet : http://www.egypo.gov.eg/PDFs/newspaper_2023.pdf date Visit 4/11/2024
-Report available on the website https://www-alarab-co- Date of visit 10/4/2025