Seal of the United States Patent and Trademark OfficeWIKIMEDIA, US GOVERNMENTThe introduction of the Leahy-Smith America Invents Act (AIA) on March 16, 2013, has already begun to shape the patent process for a nation of entrepreneurs, scientists, and innovators. The law replaces the former “first to invent” declaration of ownership with “first to file” for an issued patent. In other words, it doesn’t matter who had the idea first, only who brought that idea to the attention of the US Patent and Trademark Office (USPTO).
The controversial law has stirred great debate concerning how this shifting process reflects our nation’s bias toward corporations over smaller businesses and independent or university-affiliated scientists. No doubt, the first-to-file law will create a race to the USPTO for big businesses and independent innovators with sufficient capital to usher a product through the patent filing process, which costs between $7,000 and $10,000. But what about small biotechs and academics without adequate funding? Is the new law killing the American Dream?
Before the AIA, startup companies had a year after public display to file for their patent. That year provided them the opportunity to raise funds and awareness and gather the needed legal team to properly file with the USPTO. Currently, however, those without the resources ...
