patents (1) - Catherine Rivas Bus 200 Prof Michels Legal...

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Catherine Rivas Bus 200 Prof . Michels Legal Analysis Essay II Part 1 “The United States patent system is designed for the independent inventor- for the person whom Nikola Tesla described as the lone worker who follows the fleeting inspiration of a moment and finally does something that has not been done before” (Seabrook) . The whole idea of patents is to promote “science and the useful art” The purpose of patents is to encourage inventors to make an investment in time and money in research and development by providing exclusive rights for a limited time in exchange for an early public disclosure of the invention. Once a patent is granted, it is common that others will then improve the patented invention in their attempt to design an invention that doesn't infringe the patent. The whole idea of patents is to give exclusivity to inventors so they can be the sole manufacturers of their inventions . Along with Joe Enterprise, the president of Ford Motor Company, I believe that Congress should eliminate the patent law for several reasons . The first reason that the patent law should be eliminated is because patents create monopoly. Secondly, the patent system does not prevent others from stealing your work. Thirdly, inventors would not be able to meet the required demand. The final reason is that the patentees use the patent system simply as a rip off . It is evident that a patent excludes others from making or selling the invention except for the patentee . This however, creates a misallocation of society’s resources. Since only the inventor is endorsed to manufacture the invention, it is obvious that he or she will also be the one receiving all of the profit . Bob Kearns was seeking $50 for every vehicle to which his patent would apply, a possible $1 billion in revenue, a lot of money for one person . Others might argue that it is the incentive he deserves for making a great development on the windshield wipers, but sooner or later as technology was getting more and more advanced someone else was eventually going to come up with the same great idea . Patenting your invention does not prevent others from stealing your work . Why go through the process of patenting an invention if anyone is free to steal it and market it themselves . There is really nothing you can do to stop this from happening. The only thing that patents allow you to do is sue the person or the company who took your patented invention . For example, Kearns sued many automobile companies and will still continue to do so (Seabrook); the law has not done anything to prevent automakers from manufacturing the windshield wipers . Indeed, Bob Kearns has won the court cases, but is he manufacturing the wipers like he wanted to? No, he is not and the law will never stop automakers from manufacturing cars with those specific windshield wipers
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patents (1) - Catherine Rivas Bus 200 Prof Michels Legal...

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