Should the Republican led senate change the patent laws?

The newly formed Republican senate will soon be put to the test. Do they attempt to balance a budget, lower taxes, authorize Keystone, find the truth about the IRS scandal and Benghazi, secure the southern border, or cut back the EPA’s strength first?

Republicans will be forced to enact reform

If there is anything the Republicans need to guard from, it is overzealousness. There is a lot to do and if the Obama Administration wants to veto bills then that is fine. That will be on his record for all eternity. If he wants to veto ideas that will help out hard working Americans that is something that Obama has the right to do but he soon will not have the protection from Harry Reid (Democratic senator – Nevada).

Patent reform is not out of the question either and patent attorneys have considered this as well. The country has long been clamoring for reforms and the Democrats under Obama even promised reforms a few times but they did not deliver. Is this something that has bipartisan support?

Patent reforms can wait, say industry insiders

Patent reform is a complex and murky legal mirage, say patent attorneys. The public is not going to grasp its nuances so easily. While the public clamors for change, what they fail to recognize is that changing the US patent policies and bringing it to a level where it is at par with the patent laws in other countries will only weaken America’s protections, say US patent lawyers.

Many countries in the world have inferior patent protections and by ‘harmonizing’ the laws in the country to a level that is compatible with the foreign nations will only drill holes into a system. American innovation is still the envy of the world but it can be strengthened. But it can also be weakened which is what some patent lawyers do not want to see happen. America needs to have a strong and stable platform so the USPTO (US Protetion & Trademark Office) can function.

A strong legacy

The framers of the American constitution looked at intellectual property protection as an important right, and even had Section 8 of Article 1 dedicated to the task of creating protections. Patent protections by that constitutional definition are an important part of America’s success. Strong patent protection policies create the right environment for growth and innovation, and this in turn forms the right basis for economic growth and job creation. Just see Cisco, Google, Apple, Johnson & Johnson, and so on.

As strict as some people may find the laws in the US to be, this is what sets America apart from countries like China, India, South Africa, and so on where intellectual property theft is so widespread. But common sense needs to play a part as well and America should not authorize or allow patent trolls to proliferate either.

No one likes the trolls

Just because you buy a patent from a firm does not mean you can just hold onto that idea or product for years to come and not develop it. On top of that, it does not mean you can sue someone who wants to build a product that will help out all Americans (or human kind) as well. But right now it does! So Washington has its job cut out of them because this is not going to be an easy task and there is a lot of upset people over what these patent trolls have been doing.

By | 9:52 pm | Categories: Patent Lawyer News | 0 Comments

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