The American Patent
Plain ownership of an American patent has strengthened the country's progress in innovative enterprise every time a citizen has a novel idea. The patent counts have never been too few and the copies read by the public have always improved common knowledge.
No sacrifice in the freedom to invent and improve an American product has been asked. The right to change the models used for productivity still lasts.
Discovery will continue to "promote the progress of science and useful arts," as Article I, Section 8 of the U. S. Constitution guarantees.
On The Front of Innovation
Fast progress in enterprise and productivity is never done in America. The country's citizens have throughout its history proved extraordinary inventors. Thomas Edison, the man who invented the phonograph and the light bulb, will live in the memories of Americans. The founders intended that the country lead progress. Foreign countries in Europe that depend on their own patent protections have not experienced an equal success, and often have followed. At the turn of both the 20th and 21st centuries, with the strength of practical citizens' inventiveness, the country's enterprise has leaped ahead a distance
The Plain Right
Inventors use their time at work to experiment and produce a first in the country. There is no need to waste time on disputes over an invention. The ownership of the thing they invented is not disregarded, or made smaller. Americans have an exclusive right to make, use, and sell the products and improvements that no citizen with average skill in the art can find obvious at the time. The patent laws guarantee their right to exclude others from the same enterprise activities. The United States Patent and Trademark Office grants them this right when they have proven they are the inventor, and, generally they remain the inventor for 20 years. They are the holder of the patent.
Most Able Among Peers
The patent laws that protected inventions during the years the engine of innovation proved the best in the world in the second half of the 20th century gave the most able inventor at a known date the protection. A patent office just had to judge their invention original and useful. The inventor took advantage of a process to prove they made the discovery. The first to invent system made the patent depend on an approval of ability and standards, and one other thing, a singular act that produced the first in time.
Making The Inventions Count at the Start
Well laid plans do not spread American products wide among the people both at home and abroad when it takes too many business cycles to get a patent approved and the product on the market. In September, 2011, an average three year delay in patent approvals that had produced a mass backlog of applications and concern that the country would lose the lead position on patent counts in the world had put the country at a crossroads. A recovery from the Great Recession still was not firmly in hand. The American ingenuity that drives enterprise innovation had not yet stopped the jobs losses. The known obstacles to producing business results in the domestic and global economies as soon after an invention was discovered as practicable were mistaken practices, for the times, that politicians claimed they could take out of the way of inventors with a reform of the patent system.
President Barack Obama signed a bill authored by Senator Patrick Leahy (D-VT) and Representative Lamar Smith (R-TX) that makes the approval decision a clean and certain decision by ending the practice of making an inventor go through the long process of proving they are the first inventor that had given peers the opportunity to engage in patent disputes. The law was named the America Invents Act. Inventors no longer have to try to convince a patent officer their invention was made first. The only thing they have to prove is their patent date is first. The first-inventor-to-file system replaced the complex proof process with one simple rule. The first inventor to file their patent gets the patent.
Artful yet poor inventions that inventors patent during the haste of becoming the first to file are not a sure thing. The patent office can take them away. There is a 1 year grant review period. Citizens can request the office open a forum to hear claims the patent is flawed or weak. Anything that proves the patent is invalid.
Manufacturers and the rest of the American enterprises have the opportunity to avoid disputes with patent holders that patent their inventions after the enterprise has already used the invention for at least a year. The prior users have a defense against patent infringement claims.
An Enlightened America
The proof of an enlightened people is both in their inventiveness and their productivity. There may be hard luck stories. An American's artful piece of work cancelled due to an utter failure to produce anything rewarding. But, progress is never slow.
United States Patent and Trademark Office, General Information Concerning Patents, Alexandria, Virginia (July 2010).
America Invents Act (2011).