Trine University Week 6 Writing the Patent Application Discussion
Week 6 Discussion: Writing the Patent Application
Torts are civil or legal injury to a person or property caused by a breach of a legal duty. In the field of intellectual property torts that arise usually involve the violation of a patent, trademark, copyright, or other protection that has been granted to an item of intellectual property by another. Intellectual property rights are sacrosanct in the United States system of governance. The US Constitution itself addresses the needs for intellectual-property reading in part that Congress shall “promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries”.
What should this constitutional directive mean though in practical terms?
Under current US patent law inventors can apply for a patent that grants them a monopoly and exclusive right to make, use, or sell an invention for 20 years. Patents can be granted for inventions, designs, or processes (software patent). In previous weeks we have discussed issues related to granting patents for seeds and plants. Amazon.com once had a 20 year patent (now expired) over the “one-click” check out process making them the only e-commerce website that could allow customers to click a buy now button and make a purchase in one click without having to re-enter payment and shipping information. Any other website that wanted to do this was forbidden or had to pay a licensing fee to Amazon. Copyright law now offers protection for the entire life of the author plus an additional 70 years for their creations.
In this discussion provide your opinion about intellectual property law in the United States. Does it go to far or not far enough? Are people able to seek patents and intellectual property protections for things that should not be able to be patented or protected? Do the protections for some things last too long? Consider all of the readings we have had in the course thus far in formulating your response. Describe what changes if any you would make to intellectual property laws in the United States.
After are readings so far to this point, I believe US law is sufficient in protecting IP for the most part. I do feel the Copyright law is a bit excessive in its terms of life of creator plus 70 years. I understand the desire to protect their material after their death and basically ensure any of their descendants are taken care of. However, it is not the creation of that descendants so why are they able to have material gains from it? I would change it to life of creator plus 20 years, I just feel 70 is quite excessive. I do not have much in terms of backing up my statement of changing it to 20 years however 70 is just to long of a time.
In terms of patent duration, I feel it is fine the time frame it is, it sets up the inventor/company for a duration to be able to gain as much income from their work as possible. Having these patents helps breed innovation and competition, if companies could just wait until someone invents something and instantly go and replicate it with no worry about being sued, I feel everyone would just wait around. Regarding seeking a patent and being denied that patent or protection, the applicant would likely understand how likely that outcome is going to happen in that instance it would be best if they simply kept it as a trade secret. Don’t risk putting the information out there in the first place and protect it if you can profit off it.
I do believe that some protections last to long on items yes, for example, take the Snuggie Blanket. It was merely sowing sleeves in a blanket or adjusting slightly so you could wear it and still use your arms while being covered up. You would think there was not much research done attempting to perfect a new technology, just simply altering an existing design. The payback period in my opinion would be quite small compared to inventing the first plasma screen tv. I wonder if there should be different durations for different fields of inventions. How many fields would there need to be and how would you determine the protection terms for each of those fields? Curious on your thoughts!
In my opinion, IP is a driving force behind the U.S. economy, that why the protection IP has been part of US Constitution. Article I of the U.S. Constitution grants Congress the power to “promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.
IP owners must file for protections in every country where protection is desired. Innovation generates jobs and revenue, which drive many industries and provide a source of strength to the U.S. economy. According to the U.S. Department of Commerce (DOC), the country’s most IP-intensive industries provide 40 million, or 27.7 percent, of all U.S. jobs.
The study results demonstrate that respondents’ views of what should be protected by intellectual property rights differ substantially from the actual provisions of the law. Public perception of what intellectual property rights should be also varies, in an inconsistent manner, between the areas of copyright and patent law. Because intellectual property law is designed to induce certain behavior, the public disconnect suggested by these results indicates that intellectual property law may not be able to produce its desired effects concerning either the promotion of creative activity or compliance with intellectual property rights
I would recommend that, While eliminating all IP theft is not realistic, it’s clear to see the impact this theft has on the U.S. economy. Strengthening protection of IP rights not only improves unemployment rates, but it also adds billions in tax revenue and motivates companies to innovate. For these reasons, the United States must continue to improve our IP rights protection efforts.
1) Protecting Intellectual Property and the Nation’s Economic Security (americanbar.org).
2) Protecting intellectual property in America is harder than ever | TheHill
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