Prompt Cast
The History and Challenges of Patent Protection in the United States
TLDR This episode explores the history of patents in the United States, from the first patent granted in 1790 to the current challenges faced by the patent system. It discusses the requirements for obtaining a patent, the issue of submarine patents, the rise of patent trolls, and the favoring of corporations in the patent system.
Timestamped Summary
00:00
This episode is about how patents work and the history of patent protection in the United States.
05:47
The history of patents in England involved granting patents for entire industries, but by 1624, laws were passed to make the patent system more like what we have today; in the United States, the first patent was granted to Samuel Hopkins in 1790, reviewed by Thomas Jefferson, and the first patent office was established in 1802.
11:00
Copyright is the easiest and most broad form of intellectual property protection, lasting for the creator's lifetime plus 70 years, while trademarks protect designs and phrases used by businesses, and patents protect the idea or design of an invention.
16:31
To patent an invention, it must be sufficiently novel, different enough from existing patents or publications, and non-obvious, as well as useful and not strictly for immoral purposes.
21:39
Patents need to be obtained in each country where an invention might be used, as a patent in one country does not protect against infringement in other countries.
27:03
The Lemelson Foundation lost a lawsuit due to the expiration of a reasonable statute of limitations on their patent infringement claims, highlighting the issue of submarine patents that can still arise despite efforts to curb them.
32:52
The courts used to side with patent infringers, but now they often rule in favor of the patent holder, leading to the rise of patent trolls, who exploit the system to sue others for patent infringement.
38:15
The patent system in the United States is broken, with a large number of high-quality patents going unused and a significant backlog at the patent and trade office, leading to the issuance of shoddy patents and the rise of patent trolls.
43:21
To file a patent application, you need to fill out an application form, pay an application fee, and provide a detailed description of your invention, including potential roadblocks and prior art, as well as a concise and well-written claim that describes the legal aspects of your invention.
48:38
After submitting a patent application, it is common for the application to be rejected on the first pass for various reasons, such as being too similar to an existing patent or having vague wording, but the applicant can make changes and resubmit the application.
54:36
The patent system in the United States favors corporations, as employees who invent something while working for a company often have to sign over ownership of their invention to the company, even if they receive a personal patent for it, and corporations can prevent competitors from making life-saving inventions by buying and sitting on patents.
01:00:23
The first inventor to file for a patent is now the one who receives it, so filing right away is the best defense, and the "poor man's patent" method of mailing a self-addressed envelope is worthless and won't hold up in court.
Categories:
Society & Culture
