The Differences Between American & Global Inventor Protection

The Differences Between American & Global Inventor Protection

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A patent is a document that temporarily protects the rights of an individual or group of individual and is supported globally by various sovereign authorities. These are usually known as intellectual property rights. Before selling the invention or ideas, it is wise to procure a patent; a patent attorney or patent agent can help a creative professional to file and prosecute a patent on a new invention. If an inventor does not pursue the legal shield of a patent, a duplicitous competitor might try to take patent title of the invention without having actually created it first. Intellectual property law in the United States of America contrasts starkly with the laws in other countries.

There is a veritable global war with the army commanders, generals, colonels and captains being CEOs, Governmental Patent Professionals, Attorneys, Inventors and more. The first to act in this global gang land shootout will most likely win; so if an inventor is able to move first, get a patent attorney to file the case before anyone else (even if the other guy is really the first inventor) then he will probably get recognition from the government. As such, filing first is an extremely great motivation to move fast and decisively. However, American law operates goes against the grain of granting a patent to whoever files first. In complete contradistinction, US patent law is directed to making sure that only the first to invent actually gets the patent.

Since there are many people who do not respect the rights of others, the patent system is not immune to the possibility of fraudulent priority claims. When this happens, the American system has a built in countermeasure, an Interference Hearing; this purges the system of the offending person by finding out some important information. For there to be a determination of who was the first to invent, the Hearing must find out the real date of the novelty and the actual filing of a patent application or the invention’s physical modeling.

The system is oriented to ensuring that a patent is only given to the meritorious person or groups of persons who were first to invent, model and demonstrably prove this fact. Behind all of this is a self-serving motive in that the government wishes to imbue the population with a work ethic and reward them with a great monetary gain; this will cause them to work harder at producing better products and thus a better civilization. As a result of all of this effort, it is believed that more advanced ideas will pour forth from the minds of inventors because they will substantially profit from their work; their rights ensured by a system of laws that guarantee them a lock on the marketplace, they have a great incentive to better their creations.

The first to invent modality has not been adopted world wide by local governments; in spite of this defect, they do indeed do have some kind of intellectual property rights for their citizens. In addition to local rights, agreements have been reached by many governments to contract international patent rights. There are a few accords of this sort including the the Patent Cooperation Treaty (PCT), the Paris Convention for the Protection of Industrial Property, and The EPC headed by the European Patent Organization. There are pros and cons to each of these agreements but at a minimum they do provide some level of guaranteed protection to inventors.