The law has been proactive in ensuring that the creations and inventions made by individuals are protected from intellectual theft. Scientific development and the advent of the industrialization age saw an increase in the number of invention, necessitating the need for patent laws. However, one controversial aspect of the patent laws is the first to file requirement. The law no longer focuses on the person who was first to invent, but rather the person who was first to file a patent. Therefore, patent rights are not necessarily given to the person who created the invention first, but rather the person who was first to apply for and get a patent. The America Invents Act was signed on 2011, September 16 th, effectively enforcing the switch.
One benefit of the new system is that it allows inventors to file for parent rights before they make their invention public. In addition, the first to file system also gives inventors a grace period to file for a patent once they disclose it to the public. However, the biggest con is that a person can easily loose his or her invention if they are not aware of the patent rights. Once an inventor discloses the invention to the public, anyone can file for a patent first and claim it if the original owner does not file for the same within one year. It also encourages copying where people wait for intentions and file for patents, even though they did not contribute to the creation of the invention or innovation. Therefore, even though the first to file approach has its benefits, it also poses numerous risks to inventors, hence further changes should be made to make the law iron clad for inventors.
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