Eureka!

Does “to invent” mean to create something out of nothing? That was the question posed to the panel of resource persons discussing the subject of patents and technology.

The notion that ideas for inventions pop out of thin air may have come from images we’ve seen such as a light bulb flashing above a cartoon character, or from popular legends, such as the apple falling on Isaac Newton’s head.  Perhaps this is why most people feel that creativity or inventiveness belongs to the realm of genius, though to Newton it comes from 99 percent perspiration.

It is understandable if one gets the impression that patented inventions are totally new, and thus are produced from nothing. After all, the two most important requirements to get a patent are novelty and inventive step.

In the world of patents, there is a concept called “prior art,” also known as “state of the art.” Before a patent on an invention can be granted, the patent examiner searches all information available to the public in any form relevant to a patent’s claim of novelty. If an invention has been described in prior art, then a patent cannot be granted or, as is sometimes the case, will have to be voided. If there is no description found in prior art, then the invention is considered “new or novel.”

In addition to its novelty, the invention over which a patent is sought must prove that what it claims to do or to solve is different from all existing state of the art. There must be an “inventive step” that is the result of a creative idea. This inventive step should not be obvious to one familiar with the state of the art in a particular field of technology.

But, the fact is, inventions don’t occur in a vacuum. In fact, most inventions build upon the existing knowledge or information available on patent documents and publications or prior art to arrive at new solutions to technical problems. This is why all who seek patent protection of 20 years are required to disclose publicly, through the patent office, all information about his or her invention. Other inventors are encouraged to use the patent information to further invent or innovate without, of course, infringing on the specific claims protected by the patent.

There are, to be sure, moments of inspiration and insight, or what we sometimes call “Eureka” moments. But, as any great inventor or artist will tell you, it’s a lot of work and a heavy dose of imagination, which Einstein said is “more important than knowledge.”

Hence, inventions are not produced from nothing, but are built upon existing knowledge. As Newton humbly admitted, “If I have seen further, it is by standing on the shoulders of giants.”  

The author is the director general of the Intellectual Property Office of the Philippines. E-mail: dg_asc@ipophil.gov.ph

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Does “to invent” mean to create something out of nothing? That was the question posed to the panel of resource persons discussing the subject of patents and technology.

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