One of the most common IP misconceptions we hear is that ‘Japan stole the steelpan’ or ‘we lost the pan’.

Can ‘the pan’ be ‘owned’?

The steelpan when first invented could potentially have been subject to patent protection, in the same way that the electric guitar was patented in the US in 1937. However, patents are territorial so even if a patent had been filed in Trinidad and Tobago by Winston Simon for the tenor pan, or the improvements made by Ellie Mannette, the patent would have to have been filed in every other country where protection was desirable. Patents can be applied for by joint inventors so others who worked on the pan with these famous individuals may have been entitled to be named as well. A patent would only have allowed the owners to prevent third parties from manufacturing the pan as described in the patent description, and moreover, would be limited to the country(s) in which the patent was registered. A patent would not have stopped others from playing music on a purchased pan or making alternative versions outside of the scope of the inventive concept. In addition, a patent only lasts 20 years from the date of filing so patents on the earliest pan would have long expired even if it had been registered.

As it stands, no patent can be filed for ‘the steelpan’, but patents can indeed be filed for improvements to the instrument, manufacturing processes, and tuning methods, for example.

Were patents filed in foreign jurisdictions in relation to the pan?

Yes, patents have been filed abroad. Some of these patents have been challenged by the government of Trinidad and Tobago for invalidity. Even if a patent is granted, it can be revoked if it is found that the invention did not meet the criteria of novelty or inventive step at the time of the application. This is a worldwide assessment, so it does not matter if the existing knowledge was not located in the country where the patent was filed. While a patent should not be granted in the first place if the statutory requirements are not met, an imperfect search may allow for a patent grant which can then be challenged.

Some expired pan patents include: ‘Production of a Caribbean Steel Pan', 'Circle of Fifths Steel Pan’, and 'Electronic synthesized steelpan drum’.

Can patents still be sought?

Patents can be sought for improvements to the pan, such as new methods for manufacturing, novel ways of tuning pans, the production of new materials to make pans and any other novel inventive concept that has a technical effect.

Are there any current patents relating to pan?

Yes, there is a patent for ‘An Apparatus for Percussive Harmonic Music Synthesis Utilizing MIDI Technology (APHAMS)’ which is an electronic tenor patent. This patent is owned by the University of the West Indies St Augustine and expires in 2027.

There are also patents in various countries for '"Steelpan” Composite Project “Musical Instrument"' and ‘Steel pan tablaturesystem and associated methods’.

What is the role of the geographical indication (GI) for the Trinidad and Tobago steelpan?

You can read our post about the steelpan GI here, but in short, steelpan manufacturers in Trinidad and Tobago that adhere to certain standards can label their pans as  ‘Trinidad and Tobago steelpan’. The GI does not restrict others from manufacturing the steelpan or calling their products ‘steelpan’.

What relationship does Japan have with the steelpan?

The steelpan has gained popularity in Japan. Japanese people are learning to play the instrument and steel orchestras have been formed in Japan. It is unclear where the allegations of intellectual property theft by Japan originated from, but in any event, the pan it its current form cannot be ‘stolen’. Novel and inventive versions of the patent can potentially be patented, and as such inventors from any jurisdiction are free to file for a patent in the countries of their choice. But, considering the criteria for patentability, it is wrong to suggest ‘theft’ of the pan. Furthermore, if a patent is incorrectly granted, the option exists for revocation on the basis of invalidity.

The steelpan is a national treasure of Trinidad and Tobago. It has not been ‘stolen’ but the pan in the traditional form cannot be ‘owned’ in any meaningful sense. What can be ‘owned’ are improvements to elements of the steelpan. Local inventors should consider familiarising themselves with patent law if they wish to commercialise their research in this area.

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