Commentary

摘要

The English word “patent” derives from the Latin “patere” meaning “to be open.” Its use in this sense comes from the letters patent issued by kings and other sovereigns wishing to make their edicts open for all to see. In contrast, letters close were edicts that were kept secret. We see this usage of “patent” when we say something is “patently obvious,” that is, openly obvious. The letters patent that are issued today to create a temporary monopoly for a novel invention, which we commonly call “patents,” are called this because the invention is made open for all to see and use. The public good in having a patent system requires this openness. Openness ensures that all can learn from the invention and incorporate it in their own practice, if they so choose. Of course, this openness comes with a price, and that price is what inventors choose to charge to license their inventions to those who want to use it.