THE LAW OF PATENTS
(Dr Farida Khanam)

A new phenomenon has emerged in the modern era, i.e., to give an inventor the monopoly to use his invention for a limited time. This is called patent in the language of law. It is a type of intellectual property that gives its owner the legal right to stop others from using or selling something he has invented for a limited period of time without his permission or to receive some royalty from the invention. Thus, the law of patents gives the inventor special rights over its use for a fixed period of time.

A patent is a temporary Government grant of a monopoly to the inventor in return for complete disclosure about the invention to the Government.

This is a temporary grant. Because no invention is the result of the efforts of a human being alone, but more than fifty percent of it directly or indirectly cooperates with natural resources and other human beings. According to the Encyclopedia Britannica, the first recorded patent was granted in 1421 to the Italian architect and engineer Filippo Brunellesco (1377–1446).

The law of patents is a reminder of a greater reality of the universe. This is to accept the monopoly of the Creator of the universe over creation. Unlike man’s invention, there is no contribution by anyone in the Creator’s invention. The Creator has invented His creation alone without the help of a partner, and every moment He is providing the means for its development and nourishment. Therefore, the Creator’s monopoly over His invention cannot be for a limited period. The Creator’s monopoly over creation is eternal.

The Creator has clearly placed the proof of His creation in front of man. This corpus of evidence is mentioned in the Quran. All that is needed is that one should read and understand this book with an open mind. This will reveal to man the fact of what his Creator wants from him. And what will be the benefit of man in doing so. Just as according to worldly custom, a person is entitled to royalty on his invention, in the same way, God, the Lord of the universe, also deserves to receive royalty for his creation and invention. Every woman and man should pay the royalty to the Creator for themselves and whatever things in the world they benefit from.

Royalty is defined as a legally binding payment made to an individual or company for the ongoing use of their assets, including copyrighted works, franchises, and natural resources.

Royalty that is due to God is worship of God and total submission to Him. This is a natural binding for a human being. The Quran says: People, worship your Lord, who created you and those before you, so that you may become righteous, who made the earth a bed, and the sky a canopy; and it is He who sends down rain from above for the growth of every kind of fruit for your sustenance. And do not knowingly set up rivals to God. (2: 21-22)

A closer scrutiny of the universe shows that all creatures except man have surrendered themselves to the Creator through instinct. Only man is a creature of which some have completely surrendered to the Creator, and some have not surrendered (22: 18). This is because under God’s creation plan, the Lord of the universe has given man the freedom to bow down to Him, and it is His will that man should bow down to his Creator, through his free will, and he should accept Him as his Lord by choice and pay some royalty on his behalf to the Creator as a token. For those who will do so, God has prepared for them an eternal reward, that is, to bestow the seat of truth in eternal Paradise.