U. S. Patent Invention For Startups And Associated Laws

By Annabelle Holman


When it comes to new inventions, there are new laws that may effect garage inventors and inventions. In fact, the days of inventing new and interesting objects may soon be a thing of the past. All of which is thanks to the new law related to U. S. Patent invention for startups provides far less opportunities for individuals than corporations. While, individuals were originally provided patents as an incentive to safely sale ideas about inventions, it is now the government, companies and corporations who benefit most.

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.

Other areas of the world have always put the larger companies and corporations before the individual. The U. S. On the other hand has always maintained a system close to the original. A system in which individuals were provided patents as an incentive to invest in a growing America. In some cases, individuals could still receive one even though others had already applied.

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.

The "first-to-invent" system was always used as a method to assist innovative individuals in seeing a product come to life. This system was first set up during the drafting of the U. S. Constitution. Whereas, the "first-to-file, " came much later and favors larger corporations. Individual investors are often now rejected simply due to timing rather than for creative ideas which brought the product to life.

In the late 2000s, the government attempted to intervene and create a more harmonious application system. Unfortunately, this attempt failed and the law passed. A law which often favors companies, corporations and government over individuals.

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.

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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