Forces
Impacting the Patent Marketplace
1. IP Litigation at an all time high
Patent
infringement is the act of making, using, selling, or offering to sell a
patented invention, or importing into the United States a product covered by a
claim of a patent without the permission of the patent owner. Further, you may
be considered to infringe a patent if you import items into the United States
that are made by a patented method, unless the item is materially changed by
subsequent processes or becomes a trivial and nonessential component of another
product. A person “infringes” a patent by practicing each element of a patent
claim with respect to one of these acts. Further, actively encouraging
others to infringe patents, or supplying or importing components of a patented
invention, and related acts can also give rise to liability in certain cases.
2. Very active patent transaction market
The patent transaction market is rapidly taking off and is currently very active, which directly impacts the IP Marketplace.
3. USPTO moves to "First to File"
Today, if you file a patent, someone can come along and tell you they
had that idea first, and with much documentation and legal wrangling, deny you
the right to apply that invention. Tomorrow, nobody will care who came up with
the idea first — only who filed it. It’s called “First to File” (as opposed to
the previous “First to Invent”) and it shifts the system’s emphasis from the
date it was invented to the date its inventor dropped an application at the
patent office. (It does preclude stolen ideas; it’s been more accurately termed
“First Inventor to File.”)
4.
Global Competition is changing the IP playing field
Hi Vruti,
ReplyDeleteI really enjoyed this part of the presentation and I thought you summed it up quite well. I thought your description of the First to File system was awesome. It really is such a better alternative to the current situation we have right now and it removes the legal wrangling that can occur if someone proclaims they came up with an idea first. Personally, it should never be about the idea, just the invention and I think the First to File system is great as you noted.
Great blog post! I learned a lot!
ReplyDeleteGreat blog post! I learned a lot!
ReplyDeleteHi Vruti, thanks for the detailed explanations on forces impacting the patent marketplace. I definitely learned a lot! One recommendation is to be more careful with the wordings for 3. USPTO moves to “First to File.” The act has already been enacted in 2013.
ReplyDeleteSuper information and very well organized post! I particularly liked your generalized approach for this post. I think anyone could find such a post helpful since you don't use too much patent jargon and just discuss the forces currently affecting the IP market.
ReplyDeleteReally enjoyed the presentation of this blog post! I really enjoyed how well organized it was and the graphic really summarized what you were saying. You also did a very good job at explaining the first to file system.
ReplyDeleteHelloo,
ReplyDeleteGreat summary. I enjoyed the video that went along with it. The first to file is a very interesing aspect of the patent industry because there might be a flood of patents on the same exact thing but whoever filed first gets the rights to it even if the other party would have been faster. I like that aspect because if you thought of it first then you are deserving of that IP
Vruti,
ReplyDeleteI think you made a really interesting blog post. I think your explanation of the new first to file rule was great along with your explanation of why it is so important. I also really appreciated the picture that you included as I think it sums up a ton of what we have learned in this class in one simple graphic.
Mark