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August 20, 2018

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How the America Invents Act Impacts Patent Registration

March 13, 2019



Inventors, innovators, and makers create most of the new jobs globally. The founders of America had the foresight to recognize that inventions are intellectual property worthy of protection under the Constitution. However, the contemporary patent landscape has been changed in several ways. Many deem one of those ways, the America Invents Act (AIA), harmful to inventors.


Succinctly, the relatively new law aligns the patent system of the United States with additional international patent rules and regulations. Now, the inventor who is first to file is the one eligible for patent protection. Before, the first person to invent was the only individual who was eligible for protection.


In other words, the Act changes the U.S. patent system from one that protects the first to invent to a system that protects the first inventor to file the patent. To make sure your ideas and inventions are protected, work with an intellectual property lawyer in Santa Monica.


Disadvantages of the America Invents Act


The AIA is widely considered to be the most comprehensive reform to U.S. patent law since the early 1950s. The most impactful modification is the switch to the first-to-file system from the first-to-invent system.


The primary difference between the two systems lies in the definition of what is considered “prior art.” In most aspects of patent law, prior art is any evidence that your invention was already known before the filing date of your patent application. It is made up of all the information that has been made available to the general public. The problem is that one system may recognize something as prior art and another system may not. So, the AIA has made a once essentially simple process overly complicated.


Inventors with an entrepreneurial mindset and start-up organizations that depend on innovation are major forces behind the global economy. The new obstacles in the current patent system are one of the reasons America’s job market is not growing as quickly as it could. Prior to the introduction of the AIA, a patent was a valuable commodity that could be used to acquire capital. Now, the law favors the infringers and thieves instead of the inventor. Guard what is rightfully yours by working with an experienced intellectual property lawyer.


Protect Your Vision! Work With Intellectual Property Lawyers in Santa Monica


At Verhagen Bennett, our intellectual property attorneys take pride in having the ability to resolve any matter related to intellectual property law. The process of protecting intellectual property starts with registration. Our skilled lawyers will help you with registering your copyright with the United States Copyright Office. We will also provide any assistance you need registering your trademark with the U.S. Patent and Trademark Office.


The enforcement of copyrights and trademarks requires you to take both a defensive and offensive position. You will be on defense if you receive a piece of correspondence such as a cease and desist letter, which may accuse your organization of infringing upon the IP rights of another individual or company. You may be forced to take a more offensive position if someone else is using your intellectual property. To get them to stop, consider hiring a qualified attorney.


To learn how we can help with registering your patent or protecting your invention, schedule a consultation or call (310) 917-1064 today.


For questions or comments about this post, please email us directly at: info@VerhagenBennett.com


© 2018 Verhagen Bennett LLP — This article is for general information only. The information presented should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.

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