New Laws And U. S. :patent Invention For Startups

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.

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 many areas of the world, companies and corporations have always had the priority when applying. The system in the United States has instead always been a system close to that of the original. A system devised by the the country's Founding Fathers during the initial construction of the U. S. Constitution and Bill of Rights. At the time, it was considered an investment into America to make an investment into the development of the country.

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.

"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.

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.

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.

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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