دور الفقه في بلورة نظام براءة الاختراع في القرن الثامن عشر و تعثره في الزمن المعاصر

الملخص EN

The very first steps of the patent system and its development were not a simple matter; it faced some difficulties during the eighteenth century due to the great patent war between scholars.

Patents remained subject of controversy, between lawyers, owners of industrial projects and economists for nearly a century.

Some of them called for recognition of the patent system while others sought to get rid of it.

However, this system was adopted by most countries' national laws based on the utilitarian theory.

Despite the positive effects that this system brought up especially in incentivizing inventions, however, its negative side affected some countries economy; in addition to the rise of unfair practices, which seemed legal but did not give any benefit to the society; We explain through this paper the development of patent system in both Europe and the United States of America, and then display some negative effects of this system.