The Patent And Its Effect On The Improvement And Advancement Of Overall Technology

There is just a one person who sells products or services and there are no incentives which help to break this monopoly. There are many monopoly industries in the market. In monopoly, they use patents because they don’t like if someone’s copy their inventions.

From the time when the first English colonies were established in North America until now, there has been some form of armed fighting force in place to protect the interests of the United States and its colonial progenitors. During the roughly four centuries in which this fighting force has existed, it has undergone numerous changes of varying degrees of significance. Technological advances have changed the nature of both defensive and offensive warfare, political advances have changed the nature of the relationship between the civilian population and its protectors, and geostrategic shifts have changed the role of the United States military with respect to the rest of the world. The most lasting and meaningful changes have occurred

Patent: A government authority or license conferring a right or title for a set period, especially the sole right to exclude others from making, using, or selling an invention.

“The right conferred by the patent grant is, in the language of the statute and of the grant itself, “the right to exclude others from making, using, offering for sale, or selling” the invention in the United States or “importing” the invention into the United States. What is granted is not the right to make, use, offer for sale, sell or import, but the right to exclude others from making, using, offering for sale, selling or importing the invention. Once a patent is issued, the patentee must enforce the patent without aid of the USPTO” (ALEXANDRIA 1).

Protection of intellectual property are investments based on acquired knowledge, thought and effort by one or multiple individuals on behalf of themselves, the business they work for when the property is created, and a financial investment. Each of these – acquired knowledge, thought, physical effort, financial investment – have a value that can be attached as it relates the usefulness or importance of the resulting product. That value will have a level of importance to the individual(s) creating the product and if applicable, the investor providing the funds in support of the creation.

Most nations grant patent priority to the individual who can prove (s)he was the first to invent.

Article I, Section 8 of the U.S. Constitution provides the federal government with the power to issue patents and copyrights in order “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” (U.S. Const. art. I, § 8). A patent provides the inventor with an exclusive right to “use, license or sell and invention,” (U.S. Const. art. I, § 8), as such the product, service, process or design becomes the personal property of the inventor(s).

Legally issued by governments so patented inventions can inspire others and offer advantages because they are available to everyone but all proprietorship rights are reserved.

The Leahy-Smith America Invents Act, passed on September 16, 2011, was the most significant reform to the patent system in the United States since the Patent Act of 1952, which redefined the patentability of patent to include being nonobvious in addition to new and useful (1). The demanding need for patent reform had been discussed and debated frequently both within the literature focusing on patent trolls and consistently in Congress with the introduction of many patent reform acts that were never enacted: the Patent Reform Act of 2006 at the 109th Congress, the Patent Reform Act of 2007 at the 110th Congress, and the Patent Reform Act of 2009 at the 111th Congress (2-5). The enactment of the America Invents Act in 2011 after the failure of previous reform attempts signifies its importance in addressing the pressing issues of the United States patent system. The America Invents Acts specifically aimed to confront problems that were impeding innovation: the ever-increasing expense of the patent process, the exploitation of the patent system by patent trolls, and the unnecessary complexity and inefficiency of the patent process as a whole.

In the case of university patents, the problem was that of technology transfer, moving inventions and technology created in universities to the marketplace. The three phases involved in the construction of the institution of university patenting were the formation of a proto-institution by a skilled actor, the development and growth of a professional community, and finally the Bayh-Dole Act. The success of the institutionalization of university patenting was due to the social skill and resources utilized to elicit collective action.

Patent infringement occurs when there is a violation of the patentee’s exclusive right. In their work, W. Kintner & L. Lahr, (1975) argue about the three types of infringement encompassed in the US Patent Act, which are: direct, active inducement and contributory.

The U.S. constitution gave Congress the power to “ promote the devellopment of the useful arts” by granting exclusive rights to inventers for a limited period of time. The purpose of a patent was to assurre the rights of the creators in exchange for not keeping these inventions secret, thus overall knowledge base grows.

Are America patents greatly more beneficial or detrimental to innovation and trade in the economy? Arguable both stances are accurate. Innovation and trade in the national economy is based off the premise of the protection of ones inventions in the form of patents. Without this guarantee innovation would not be valued, only piracy trade would occur stagnating economic progress. On the global economic stance patents are becoming difficult to manipulate in trade deals like the highly controversial Trans-Pacific Partnership underway currently. Deals as such are becoming greatly more complicated as American politicians begin to manipulate foreign trade agreements trying to get the deal which benefit American markets and cooperations the best. This has become so difficult countries like China have opted out all together in the mass trade deals because their economic structure is built upon ripping off innovations from mostly American cooperations for a means of economic growth. This is where it is believe patents have to be saved to stop other countries impediments on fair trade but; then one could arguably say the complete opposite position, that patents all together are detrimental to innovation and trade in the economy because having them in itself is an impediment to free and fair trade alike. That idea all together is not practical and would be imprudent in term because it would disrupt the already established and paid for order.

Imagine a world where ideas and inventions are stolen off each other with no legal consequences. Imagine a world where Samsung wasn’t sued by Apple because legally, there is no penalty for stealing designs. Imagine a world where Alexander Graham Bell or Thomas Edison wasn’t famous for their inventions because someone else had stolen their ideas and created the inventions publicly first. This is what the world would have been like without the use of patents. Patents ensure that no idea is stolen, sold, or replicated without the appropriate permission. Every inventor has ad their fair share of troubling experiences with patents. However, an inventor that did not allow his dilemmas with patents stop him from achieving great things is Thomas Edison. Due to the patent process, Edison was able to succeed at a young age, own numerous inventions, competed other inventors’ patents, and inspired others to compete with his inventions to further improve technology.

In Article 1 of the Patent Law, it states the right to patent protection for “inventions-creations.” Article 2 defines inventions-creations as inventions, utility models, and designs. These are also defined by rule 2 of the Implementing Regulations: