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.

While it was the Founding Fathers who established the process, patents were initially provided to individuals as an incentive to help share ideas. After which, the system worked for more than two hundred years. Originally designed to foster innovation and entrepreneurship, it is a process that is now often considered stolen by companies and corporations.

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.

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.

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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