Wednesday 30 July 2014

U. S. Patent Invention For Startups And New Patent Laws

By Annabelle Holman


When it comes to inventions, many were created and designed in the backyards and garages of America. Unfortunately, this might not be the case in the future. A new law related to obtaining an patent invention for startups now favors company and corporate patent applications over that of individuals. While this may be the case at the moment, there is no doubt there will be a push to repeal the law. As to how long this may take, it often depends on the content, context and how long the law has been on the books.

While there is popularity among the belief that this new law violates the individual right to privacy, others disagree. Regardless, the context of the law itself provides opportunities first to companies and corporations rather than individuals. Whereas, when the Founding Fathers created the patent system, it was one in which U. S. Law benefited inventors.

In other areas of the world, corporations have always been at the helm in these situations. The system in the United States on the other hand always had a system originally based from start to finish on the imagination and ingenuity of the individual.

When the Founding Fathers initially established the system, it was primarily an incentive program for new investors. Innovative individuals would come up with ideas for a product or service. In order to prevent theft of these ideas, a patent system was necessary to retain the rights of the original inventor.

"First-to-invent, " was an especially useful system for both inventors and individuals, especially those looking into small start ups. Before this new law, garage inventors could often apply for one even if a corporation had already done so. A system which often prevented large corporations from stealing ideas and inventions from individual inventors or small businesses. Now, it is not only companies who are partly responsible for the theft of a number of ideas and inventions but also the issuing organization.

At one point and time, the government attempted to intervene with a plan that would make obtaining a patent a harmonious event. Unfortunately, after meeting with congressional members, the plan failed. After which, the U. S. Law became aligned with foreign law. This new law while inclusive, still favors government, companies and corporations over individuals or small business.

This change known as the "America Invents Act, " was instituted almost immediately. One of the most significant and visible changes is the law replaces to the "first-to-invent, " patent system with the "first-to-file, " system used in the European Union. A system that awards the patent to the first company or person to file an application on an invention. As the invention does not have to exist at the time, this also gives company and corporations more power when it comes to obtaining a patent.

With new programs like "Shark Tank, " "Hell's Kitchen, " and others which provide economic support helping to support individuals and small business, it is doubtful either will be missing from the marketplace anytime soon. Rather, it is believed that the world at large is transforming into an age in which entrepreneurship and small business are going to be at the core of the business world.




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