Inventors must be aware of recent U.S. patent law changes

If you are an inventor, you should be concerned with protecting your intellectual property. That's because if someone gets a hold of your product before you enter the market, you might be in trouble.

For example, three years ago, before the release of the as-of-yet unannounced iPhone 4, pictures of the device began appearing on the internet. According to an article in the Harvard Business Review, this occurred when an Apple engineer accidently left a prototype iPhone 4 (disguised as an iPhone 3) at a German beer garden in California. 

Apple was still able to patent its technology, and went on to sell millions of the devices. However, thanks to a recent change in U.S. patent law, that may not be so easy a second time.

The Harvard Business Review writes that the American Invents Act (AIA), passed in 2011, would make it much more difficult for inventors to patent work after it had been revealed to the public. Before the AIA was passed, a specific product could be public for a year and still receive a patent. However, the U.S. now operates under first-to-file rules. This means that a public disclosure of an invention "will constitute a dedication of that design to the public, including competitors."

It is unclear how accidental releases will fit under these rules, but it is clear that innovators have to be much more careful about how they handle their property before receiving a patent. It would be wise for them to work with an experienced Phoenix business attorney that specializes in intellectual property law.

Categorised in: Intellectual Property Law

This post was written by