تحديد صلاحيات حاملي براءة الاختراع

Abstract EN

The patent recognizes the importance of innovation and the human community’s need for it.

It is the reason for encouraging innovators and motivating them to further creation, invention and the use of the mind in the service of humanity and achieving its well-being.

This, obviously, requires acknowledgment of the innovator's effort to begin with, then granting him the opportunity to benefit from his returns at the end, by fortifying his invention with protection for a certain period of time, during which he enjoys exclusive rights that enable him to invest his innovation, exploit it and dispose of it in the actions of the owner.

Even if the legal protection period has expired, the invention – whether an industrial method, a product or both – falls in the public property.

Nevertheless, legislations in various states have approved - according to their national goals and interests - that it is permissible to deviate from this principle, by specifying the powers of the patent holder - during the period of legal protection of the patent - based on the principle of exhaustion of rights, as well as the use for scientific, research, non-commercial purposes.

This is the idea that we shall consider within the patent domain of the drug invention.