Saturday, 2 August 2014

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

By Annabelle Holman


Innovative individuals with creative ideas often become inventors. Many of these inventors create inventions in garages and homes around the world. That is, at least until now in the U. S., as new these new laws related to patent invention for startups. A law which may very well threaten these backyard inventors and inventions by favoring larger businesses, companies and corporations.

Many individuals believe the new law invades the rights and privacy of individuals in favor of large corporations, foreign and domestic. A controversy exist as to whether or not the law violates the rights of privacy of the individual. Regardless, as corporations are given preference and have more money for research and development, the law definitely favors big business.

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.

Unfortunately, new regulation supported by both the U. S. Congress and President has now changed this reality. By changing the system to more in line with the system used by the European Union, applications can made before a prototype or plan has been developed. Because these larger corporations often have a great deal more cash flow, applications for these yet to be designed inventions often go to the corporation on a "first-to-file, " rather than "first-to-invent" process.

Two important systems are at play when it comes to this new law. First, the "first-to-invent, " act provided patents to those whom applied based on originally and invention. Whereas, the "first-to-file, " system often provides the patent to those whom first file an application for one.

It was in 2011, that the government intervened with a plan to campaign for harmony in relation to U. S. Patent law. Congress took the opposite track. Shortly after a vote, the U. S. Law became aligned wit foreign patent laws, many of which favor government, companies and corporations over the individual.

The bill known as the "Americas Invents Acts, " is a first of its kind. It is in this bill that the "first-to-invent, " and the "first-to-file, " controversy first arose. While many voted to keep the first, the latter still became law. At some point and time, it may very well be one which gets repealed but as of today, it's officially the law as relates to obtaining a patent.

In the U. S. Where shows like "Shark Tank, " are now aimed at individual inventions and entrepreneurs, it is doubt that individual inventions will ever be absent from the marketplace. This new law does give more power to large companies and corporations for obtaining patents before individuals. Still, there are also provisions to the system which make it difficult to ascertain as to whether there will me a major shift away from America's individual inventions, or governmental and corporate greed.




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