Invent Patenting Advantages

The advantages of the first to invent patenting procedure compared to the most recent changes in the law to switch over to first to file, is that the first to invent system not only ensures creation but also its use. In order to receive the priority for the patent in the old process, the inventor not only had to have the idea, but he or she also had to be able to provide a prototype. This ensures that the patents would not be left without creation. The idea of first to invent is promoted in the Constitution, granting Congress the exclusive rights and power, as mentioned before, the right to a patent to inventors. The disadvantages to the first to invent procedure is that it was often difficult to prove who invented an item first (Miller 142). …show more content…
This allows for larger competitors who have the lawyers and money to bully smaller inventor who may not be able to afford all the legal fees (Intellectual property). Fortunately, there are very few of these cases which limits the disadvantages of the first to invent process. The U.S. Constitution does support the patent system even with the disadvantages, and states “Congress shall have power […] to the exclusive rights to their respective writing and discoveries”.
The new process that the United States has adopted is the first to file system. This process allows inventors to just have the idea and mail the patent office. The major advantage with first to file is simplicity. Whoever tries to get the patent first, simply gets the patent, no question about it. Compared to the first to invent process, the first-to-file system just needs the inventor to have any evidence such as writings or an example of their invention, and it proves that they came up with the invention on their own. With this being said, the patent law does require a way for the inventor to present and practice their invention in the greatest way they can. This means the development of the presentation has to correspond with