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Patent Reform: What Are the Most Common Issues Facing Today’s Patent System?

Whether or not patent reform is needed is a common debate. People against patent reform argue that it is inequitable, it can drive jobs away, and it will ruin the economy. However, proponents of patent law disagree, citing that a reformed patent system will increase equity among businesses and enhance economic growth within the United States. In addition, reforming the system will provide necessary technological updates and guard against patent abuse.

Patent Law is Outdated

Patent law has existed in the United States for nearly two centuries. There are now new technologies, with corresponding patentable inventions, that did not exist at the time of its inception. Patent law has not been revised since 1950’s. Since this time new technologies, such as cell phones and personal computers, have been introduced. The law should be changed to protect these new areas of invention. Reform would not remove rights from inventors or subject different types of technologies to varying treatment or scrutiny. Instead, it would ensure that all technologies were equally protected under the same patent law.

The Current System Discourages Job Growth

While detractors of patent reform argue that it will spurn economic development, the exact opposite is true. The current unbalanced and complicated system is discouraging to businesses and to their development. The current system also results in many expensive lawsuits that cost businesses billions of dollars a year. The patent systems used in foreign countries are typically more modern and streamlined, resulting in a more equitable system that is cheaper for businesses and the government. Rather than encouraging corporations to take their businesses to other countries with cheaper patent laws, patent reform would encourage business growth instead.

The Current System Discourages Development of New Medications

It is a common myth that patent reform will discourage the development of new medications in the health industry. In reality, drug companies now spend a lot of money avoiding patent infringement. If patent laws were clearer, it would be easier to develop new drugs that would clearly not infringe on another patent. In addition to the ability to create a greater variety of drugs, these companies will have to spend less time on money deciphering patents, thus freeing up more funds for development of new medications.

Patent Abuse

Unfortunately, the current patent system attracts abuse. Although the law was originally written to protect inventors choosing to produce and sell their products, many now use the patent system as a means to collect patents that they sell the rights to. Rather than encouraging the development of new technologies, the current system costs businesses, consumers, and the government more money. Patent reform will help alleviate these problems and encourage job growth in the United States. 


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