Invention is an intellectual product of an inventor that gives a practical solution to a particular problem in connection with technology. In principle this product, will have to be protected as an undisclosed information under trade secret system from the coming into existence in the mind of inventor. This is the same as protection of invention at the creation stage.

But, most countries have required a special system called sui generis and issues a document as a patent to the owner of invention in return of public disclosure. The patent law system is a title applied to this system and its purpose is the recognition of the exclusive exploitation right for the patent owner by virtue of registration. Several treaties have been concluded and approved about the right of invention that mainly relates to the process of recognition of this right. The study of their systems leads to the will of the rich countries to prevail against poor countries. The exploitation of issued patents, aimed to public interests, is the main purpose of countries in protection of patent owners. Regulating contracts related to transferring the technology and also enforcing the rights effectively are the two main factors in successful establishment of it.

Yet, Iranian law in spite of 80 years precedent in legal protection of industrial property, lacks a complete system to protect the right of invention in the three stages of creation,recognition and commercialization (exploitation) of invention. The most objections to the registration of marks and inventions Act (approved in 1310), unawareness of the kinds of contracts relating to research, confidentiality, transferring the technology and lastly enforcing    the rights effectively are factors that have made the present system inefficient. By approving the new regulations concerning the patent law, regulating standard contracts and also joining to international treaties or rejecting them, regarding the national circumstances, is necessary to follow in order to eliminate the objections