Obama Signs Patent Law

On September 16, 2011, President Obama signed a new patent law to help inventors smooth the rocky road of launching their new ideas and bringing them to fruition. The significant affects will take hold in 2012 and 2013 and will optimize the patent filing process, which has remained the same for over 80 years. When an inventor files for a patent, they have no exclusive right to use that idea until the Unites States Patent and Trade Office (USPTO) officially grants the right. Previously, this took at least three years. Investors were losing money as patents sat waiting for approval at the busy USPTO.
The Leahy-Smith America Invents Act Implementation is called the America Invents Act, or for short, the “AIA.” This act changes what can be patented, how you file for a patent and the timeline for patent filing.
A patent is not like a copyright, where a person may enjoy all of the rights of their copyright, until it is challenged in court. For copyrights, the Library of Congress is basically a registrar for the official date of completion. It is the only official and legal authority to do so for literary works, art works, theatrical works, digital works and musical compositions. The USPTO differs since it grants the rights to use a trademark or an invention by patent after the approval, which can take as much as three years. Attorneys who work for the USPTO review all of the applications for trademarks and patents, whereas a copyright is basically a filing.
So what is going to be different on the patent front?
One very important difference is that a patent right is currently granted to the “first to invent”, but it will be as of March 16, 2012, “first to file.” The first to file change is a favor to corporations and a warning for smaller investors to keep their ideas “secret” before they have the wherewithal to file for a patent right. However, the new law does provide for an inventor to be able to file a “derivation” protest, where there may be a patent infringement, but there is a statute of limitations on the filing of the protest. Incidentally, when filing a trademark, there is a publication notification in a registrar where a trademark may be opposed within a time limit.
One of the consequences of this is that a patent is now subject to a “grace period” during which time others may object with the USPTO. Rather than being forced to litigate the “said” infringement many settlements may occur out of court. This allows an extra step for objection that may avoid litigation giving third parties a chance to claim what might be their right. In a nutshell this equates to more challenges and less law suits.
There is a 15% increase in fees.
By paying an extra fee of $2,400 to $4,800 the Patent Office will expedite the application process to one year providing that the applicant is filing for domestic rights in the United States.
For an extra $400, you can file a patent electronically.
Patentees will now be able to mark their product with the word “patented.”
There are more specific and legal changes in filing. Your attorney will be able to inform you of the specific legalities if you have a patent to file, or as it is called “prosecute a patent.” You can do several things that will help improve your situation for filing preserving your inventor rights.
You have an idea you think is original. If you are the inventor and the owner of the rights, you can attempt to prove that you thought it up first. A better and more stable way is to be “the first to file.”
Keep your invention idea a secret. If you sign a retainer you can divulge the information to your attorney.
If you want, you can do some preliminary searches, since it is said in Intellectual Property Law, “there is no such thing as an original idea.” Cross reference words and search on Google and don’t limit your search to the first page with the top ten searches; look through thousands of pages.
You can go to Thomas Register for a search and find a great deal of information about manufactured products.
Go to www.uspto.gov and click on patents, general search and type in the words that describe your patent. You then have to search each and every one, by reading the public information.
Intellectual Property, properly handled is worthy of investment, business expansion and development and the practice of Asset Protection. Patents are expensive to file and there are renewal fees. You can do it yourself, but most people need the guidance of an attorney. Planning is important in securing the funds to complete the process into a lucrative business endeavor.
If you have an idea, the best advice is to keep it to yourself until you have completed the research and consulted an attorney. Even simple ideas can be patented and become worthy of great value. Someone once thought of the simple ideas like the zipper and the pen and even the more complicated patents like the computer. You could be the next great inventor all upon an idea if you follow the process.