Patent Reform Essay

935 words - 4 pages

Patent reform is needed to protect technological innovation.
One common misconception is that patents guarantee you the right make or practice your patented invention. The truth, however, is that patents only guarantee the right to exclude others from your inventions. This is a small but important distinction from what people commonly believe patents do.
Thomas Jefferson was one of our country's first patent examiners. Even though some of his earliest experiences with patent applications he found problems with the way we implement patents. The United States established the rights that inventors of the useful arts were to have in the Constitution. Jeffrey Matsurra, counsel for ...view middle of the document...

The application process typically requires documented description and inventive steps of your invention along with a list of patent claims that you want protected. The claims are the primary articles that are examined for dis-qualifiers that would make the patent invalid such as obviousness, vagueness, broadness, nonenforceable, and non-novelty. Claims define a patent's scope which is how broad or narrow protection rights that are awarded to the inventor for a limited period of time up to twenty years. When filed a potential patent gets a priority date which will be taken into account if there are competing applications.
There have been many conflicting theories on how we view intellectual property. Matt Mason, published author on youth culture, states that early in our own countries history before the creation of our patent system we were considered to be the “bootleggers” of intellectual property so much so that it inspired our name Yankee, slang for pirate (Mason 36). Later during the first computer revolution the idea of open source, or the free sharing of ideas, took root in those early programmers and keyboard jockeys. In fact, open source lead the way for the world's largest encyclopedia to go live on the internet with 5.3 million articles which with the power of contributors is more accurate and has less errors than conventional printed ones (Mason 148). Professor John Allison ,however , speculates that in today's world of lawyers on retainer and companies wanting to get their monies worth that big business are more willing to roll the dice for a ten percent chance at a billion dollars (Allison 695). Allison also suggests that, “both our measures of patent value and our theories of litigation behavior need some serious reconsideration” (Allison 697).
A massive portion of our economy comes from the technology sector's activities, which should make this area of business extremely important to the American people. Technological innovations touch many...

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