Trademarks, Copyrights, Patents, and Trade Secrets Essay

Exclusively available on Available only on IvyPanda® Made by Human No AI

Introduction

There have been significant changes to the concept of intellectual property and the rights to claim one over the past few decades. With the advent of modern media and information technologies, the regulations for managing the subject matter have expanded to the online environment, thus extending the notion of intellectual property. Thus, the changes in the process of patenting were inevitable.

Compared to the pat principles of giving a patent, the current approach is much more sophisticated since the past one involved giving a patent to the first person who invented an innovative device (Choudhury and Haas 981). Because of the simplicity that the described approach involved, it could be defined as a superior one since it prevented instances of theft that could occur in the identified circumstances.

Main body

The framework for granting a patent to an inventor, which used to be deployed previously, seems to have a range of advantages to the current one. The problem of intellectual property theft is the key one since, in the identified scenario, an investor may fail to receive the patent due to the possible inability to prove that they have designed a device in question (Bouchoux 342).

Therefore, the system in which a patent is given for the invention and not for the act of filing a claim. Indeed, the bare statement of being the author of an invention, even if supported by substantial proof, may turn out to be false, whereas the presence of an invention and the ability to demonstrate its benefits creates opportunities for giving credit to where it is due and rewarding the actual author.

In addition, the specified approach allows encouraging inventors to contribute to science and other areas with their innovative solutions. While the current system makes the process of patenting a product rather competitive and suggests that it might be not as fair as it needs to be in order to recognize the author, the previous system helps to foster the setting for the active exploration. The previously adopted approach creates the atmosphere in which innovators were inspired to break new grounds in the areas of their choice and offer unique solutions to complex problems.

Finally, the fact that the public benefitted from the immediate introduction of a product into the environment for which it was designed. The improvement in the output that ensued from the integration of new solutions to a specific setting made it possible for businesses to thrive and achieve an impressive rate of economic growth (Bouchoux 341). Therefore, the system that suggested an inventor claiming the right for a patent was superior to the current one, which creates unnecessary competition and invites the possibilities of unfairness.

Conclusion

Since the patenting process that implies granting a patent to the inventor and not the first person to file it makes the process of idea theft much more complicated and barely plausible, it seems to be superior to the current one, which has a significantly larger number of loopholes. However, the simplicity of the approach that used to be regarded as a proper patenting process also contains several problems, such as the presence of a co-inventor or the fact that another person has made the same discovery independently from the one that demands a patent. Therefore, while having its advantages, the described approach toward granting a patent also implies significant flaws.

Works Cited

Bouchoux, Deborah E. Intellectual Property: The Law of Trademarks, Copyrights, Patents, and Trade Secrets (5th ed). Cengage Learning, 2016.

Choudhury, Prithwiraj, and Martine R. Haas. “Scope Versus Speed: Team Diversity, Leader Experience, and Patenting Outcomes for Firms.” Strategic Management Journal, vol. 39, no. 4, 2018, pp. 977-1002.

More related papers Related Essay Examples
Cite This paper
You're welcome to use this sample in your assignment. Be sure to cite it correctly

Reference

IvyPanda. (2021, June 7). Trademarks, Copyrights, Patents, and Trade Secrets. https://ivypanda.com/essays/trademarks-copyrights-patents-and-trade-secrets/

Work Cited

"Trademarks, Copyrights, Patents, and Trade Secrets." IvyPanda, 7 June 2021, ivypanda.com/essays/trademarks-copyrights-patents-and-trade-secrets/.

References

IvyPanda. (2021) 'Trademarks, Copyrights, Patents, and Trade Secrets'. 7 June.

References

IvyPanda. 2021. "Trademarks, Copyrights, Patents, and Trade Secrets." June 7, 2021. https://ivypanda.com/essays/trademarks-copyrights-patents-and-trade-secrets/.

1. IvyPanda. "Trademarks, Copyrights, Patents, and Trade Secrets." June 7, 2021. https://ivypanda.com/essays/trademarks-copyrights-patents-and-trade-secrets/.


Bibliography


IvyPanda. "Trademarks, Copyrights, Patents, and Trade Secrets." June 7, 2021. https://ivypanda.com/essays/trademarks-copyrights-patents-and-trade-secrets/.

If, for any reason, you believe that this content should not be published on our website, please request its removal.
Updated:
This academic paper example has been carefully picked, checked and refined by our editorial team.
No AI was involved: only quilified experts contributed.
You are free to use it for the following purposes:
  • To find inspiration for your paper and overcome writer’s block
  • As a source of information (ensure proper referencing)
  • As a template for you assignment
Privacy Settings

IvyPanda uses cookies and similar technologies to enhance your experience, enabling functionalities such as:

  • Basic site functions
  • Ensuring secure, safe transactions
  • Secure account login
  • Remembering account, browser, and regional preferences
  • Remembering privacy and security settings
  • Analyzing site traffic and usage
  • Personalized search, content, and recommendations
  • Displaying relevant, targeted ads on and off IvyPanda

Please refer to IvyPanda's Cookies Policy and Privacy Policy for detailed information.

Required Cookies & Technologies
Always active

Certain technologies we use are essential for critical functions such as security and site integrity, account authentication, security and privacy preferences, internal site usage and maintenance data, and ensuring the site operates correctly for browsing and transactions.

Site Customization

Cookies and similar technologies are used to enhance your experience by:

  • Remembering general and regional preferences
  • Personalizing content, search, recommendations, and offers

Some functions, such as personalized recommendations, account preferences, or localization, may not work correctly without these technologies. For more details, please refer to IvyPanda's Cookies Policy.

Personalized Advertising

To enable personalized advertising (such as interest-based ads), we may share your data with our marketing and advertising partners using cookies and other technologies. These partners may have their own information collected about you. Turning off the personalized advertising setting won't stop you from seeing IvyPanda ads, but it may make the ads you see less relevant or more repetitive.

Personalized advertising may be considered a "sale" or "sharing" of the information under California and other state privacy laws, and you may have the right to opt out. Turning off personalized advertising allows you to exercise your right to opt out. Learn more in IvyPanda's Cookies Policy and Privacy Policy.

1 / 1