Duration of a patent has long been a concern of each individual
country. Ever since Filippo Brunelleschi invented in the 15th
century a barge with hoisting gear and secured an exclusive
privilege for three years for the use of same, the validity term of
patents varied widely, until the WTO's TRIPs in modern times
sought to harmonize national laws and set the term of twenty years.
Article 33 of the TRIPs Agreement provided that "The term of
protection available [for patents] shall not end before the
expiration of a period of twenty years counted from the filing
date". This agreement streamlined the duration of patents in
many countries.
As time went on, it became clear, however, that inventions for
pharmaceuticals, agrochemicals and pesticides were an unloved child
of intellectual property. The said patented chemical products need
to obtain regulatory approval before they can go to the market.
This may take years, thus shortening the duration of the patent and
putting
