Last week, President Obama signed a
patent reform bill into law that will encourage innovation, spark job creation, and make America more competitive in the global economy.
Why are we so excited about the America Invents Act? The United States patent system hasn’t seen comprehensive reform since 1952—that’s before cell phones, laptop computers, social networking, and even nationwide all-color television broadcasts.
Patents are currently managed by the U.S. Patent and Trade Office (USPTO), which joined the President in his call for patent reform that reflects our changing economy and technological landscape.
Here’s a look at some of the problems with our current patent system—and how putting the America Invents Act into practice will update the process for the 21st century.
There are too many bad patents.
Before you can receive a patent, you need to be sure that your idea is actually innovative—meaning no one else discovered it first. You have a duty to tell the USPTO about any related inventions that you are aware of, and the USPTO will search for other examples of what is called “prior art” to make sure your invention is new.
Under the current system, this is easier said than done. The USPTO receives about 350,000 patent applications every year, and each of those applications is reviewed by a designated patent examiner. Because examiners with the USPTO don’t have expert knowledge of every single field and industry, they rely heavily on the inventor’s word to prove that the discovery is actually an innovation. This is becoming a bigger issue every day, as more and more people apply for patents in fields like computer technology and high–tech business that require highly specialized knowledge.
The America Invents Act offers a few solutions to this problem. First, the patent review process will provide more transparency and more opportunities for third parties to raise questions both during and after patent application, which will encourage feedback from experts and professionals within the field. Claimed inventions that do not deserve patents will be weeded out. Second, more stable funding of the USPTO will allow the agency to hire and keep more examiners with advanced knowledge in a variety of industries.
It’s expensive.
One of the biggest complaints about applying for a patent under the current system is that it’s very expensive. A basic filing fee for a standard application will be at least several hundred dollars. Be prepared to pay more if your application is more than 100 sheets, if you’re filing a provisional application, or even if your application has a cover page.
Why does it cost so much to apply for a patent? Patent fees are currently set by the USPTO, but Congress can decide how those fees are spent, in a process called “fee diversion.” The America Invents Act changes the process so that the USPTO can set its own fees based on the actual amount of work required for each type of patent, and it will keep the revenue from patent applications to improve the process.
It takes too long.
Once you’ve filed a patent application, be prepared to wait—to the tune of almost three years, which is the average time between filing and a decision from the USPTO. That’s because the office is currently sitting on a backlog of nearly 700,000 patent applications.
The America Invents Act speeds up the process by increasing the number and experience of patent examiners at the USPTO. It also introduces a major change in the way we apply for patents: from the “first to invent” to a “first to file” system. Under the current process, the rightful owner is the first inventor—which is often difficult to prove and encourages false claims. The new “first to file” system gives ownership to the first person to apply for a patent, which is easier to determine. It also increases the pool of public knowledge by encouraging people to file for patents quickly.
Why are patents good for the economy?
The America Invents Act is part of President Obama’s strategy to encourage innovation, create jobs, and support our country’s entrepreneurs and small businesses. Granting a patent to a worthy invention encourages the kind of innovation and discovery that fuel America’s economy. Making sure our patent office quickly weeds out the undeserving applications prevents bad patents from becoming a drain on industry. American innovation has flourished with a strong patent system, and the America Invents Act will make sure that the U.S. patent system keeps America on the cutting edge of innovation for years to come.
Were those just really good cookies? Is the government really throwing around our money just like that? Not at all, reports Kevin Drum at Mother Jones. As anyone who has ever booked a conference knows, the “food costs” are seldom the actual cost of the item itself, but also the cost of set up, break down, gratuity, taxes, utensils and other various necessities that go along with the food being served. As Drum says, “I’m surprised DOJ even got that much of a breakdown. Far more commonly, your event person negotiates what kind of refreshments you’ll get, and the invoice ends up looking something like this: Refreshment table (bev/morn/aft) — 5 days………………..$39,500.”
