What are the disadvantages of AIA? It has been argued that this gives more benefits to the big guy. Why? Because filing patent is very expensive. The big chuck of the cost comes from having a good lawyer to draft the application. Big companies can afford to apply for more patents, and more quickly. On contrary, if you are a small startup with insufficient funds, you simply can’t file patent for every invention or every trivial modifications of the invention. It is suggested that this in term puts the startup at more disadvantaged position because for most startups, their value lies in possessing popular inventions.
Does AIA surely give more benefits to the big guys? I argue that it is not necessary the case. Larger company does more money. But they also have more people creating more inventions everyday. Under the previous system, as long as the big companies invent more, they have claim over more. But with the new system, it is possible that the pace at which they apply for the patents do not follow the pace at which they invent. On contrary, smaller companies are more agile in identifying which innovations worth patenting and can consequently act quickly to take steps to protect these patents.
Hi Yi,
ReplyDeleteThanks for the insightful article. Good business to be a lawyer!
Hi Yi! This is a great post that analyzes not only the upsides of AIA but also the downside of the current patent system. I totally agree that the major downside is that filing a patent can be very expensive, and that it often times requires a good lawyer to draft the application to pass...great point!
ReplyDeleteHi Yi! I really liked your addition of other industries into the ins and outs of patenting. I find this nagging power given to lawyers super relevant and I think there should be reforms with this in order to overall help with our patent system!
ReplyDeleteHey Yi! I really this insight into the pros and cons of AIA. Great job!
ReplyDeleteHey Yi! I really this insight into the pros and cons of AIA. Great job!
ReplyDeleteIt is interesting that you pointed how the biggest problem for small start ups to get patents is purely monetary. I don't know if you have any interest in start ups but do you have any ideas on how the system could be changed so that money is not such a big obstacle?
ReplyDeleteHi Yi,
ReplyDeleteYou make some interesting points about the disadvantages of the AIA. Truly this is a controversial matter because innovation should never be restricted due to monetary constraints, but the issue that lies is how can we stimulate innovation in a manner that is more affordable to smaller companies? While these smaller companies can innovate faster, how can we allow them to capitalize on this advantage if the system is still geared towards the larger companies? These are definitely questions that our judicial system still has to answer when it comes to patent filing.
Another great post Yi! Loved the extra detail to the AMA act. The two part blog post is a really nice concept that I wish I had explored. Great part doing the cost and benefits analysis to multiple parties at the end. Really great critical thinking and analysis.
ReplyDeleteHi Yi. Nice work again on this blog post. This discussion of the AIA and its impact on patent litigation is very fascinating. I especially like how you talk about the AMA act in conjunction with this.
ReplyDelete