Solutions to the problem
Increasing fees to maintain patents and copyrights on a yearly basis3
Ease the complicated process of obtaining a patent or copyright
..3
Create more patent and trademark offices
4
Lower the cost of obtaining a patent or copyright.
4
Congress ought to pass laws to deal with copyright theft by large companies
4
Conclusion 4
Work Cited.5
PROBLEM: Restricted competition and creativity
WHO HAS THE PROBLEM: Technology companies
AUDIENCE: US Congress
DELIVERY: Letter
SOLUTION: The solutions lie with the government; they need to make better legislations that would make the playing field a little more even. They should require just enough proof to grant a patent or copyright, lower the absurd cost of getting one, and increase fees for maintaining granted patents on a yearly basis. The best solution would be to eliminate the patent and copyright laws altogether and come up with a more efficient system
Introduction
Patents are issued for new inventions to obtain protection from the government while a Copyright law, on the other hand, protects works of authors such as intellectual works, music, drama and others. It has to be useful, non-obvious and known to the public so that it can be accepted. It takes over two years to obtain a patent which lasts about two decades from the date they grant one. Multi-billion dollar companies have found a way to use patent and copyright laws to protect their interests by killing any competition from emerging organizations. The government is turning a blind eye to the situation while these organizations are nipping competition in the bud. New inventors or authors are being taken to court for any slight resemblance, no matter how unavoidable. The country is, as a result, losing a lot of opportunities for new products that would create more jobs that would improve its revenues.
This monopoly has dire effects on the economy, and if it is left unchecked, it can even plunge the economy into another recession. Therefore, the government must act soon rather than later before it is too late. The solutions lie with the government; they need to make better legislations that would make the playing field a little more even. They should require just enough proof to grant a patent or copyright, lower the absurd cost of getting one, and increase fees for maintaining granted patents on a yearly basis. The best solution would be to eliminate the patent and copyright laws altogether and come up with a more efficient system.
Increasing fees to maintain patents and copyrights on a yearly basis
Currently, huge companies pay an amount close to peanuts considering the size of the organization. You should increase the amount significantly so that it will only be viable to renew those the company needs. Some companies hold on to patents or copyrights they do not use for years hence limiting the field for future inventions that might need something from the old patents which such organizations are hanging on to unnecessary because of their financial supremacy. Alternatively, you can prohibit the patenting of the essential products or works that people typically build on to get new goods or intellectual property.
Ease the complicated process of obtaining a patent or copyright
New inventors and authors currently have to go through a rigorous patent proofing routine before it can be accepted. You need to change article 34 of the constitution which contributes a significant deal in making the process extremely hard. It states that the method of manufacture also requires proving that it is not identical to another patented one or one protected by copyright laws. No matter how different the product is if they deem process the same as another, the application will be rejected immediately.
The period needed to get a patent approved by the trademark offices is quite ridiculous. The painstaking steps one has to go through are usually unnecessary and some of them you should get rid of completely. You should also change the qualifications required by the patent offices for approval since the current ones are tough to achieve.
Create more patent and trademark offices
It takes close to three years to complete everything and get approval. The process is tedious and the amount of time makes upcoming inventors or authors abandon their idea altogether. You need to get more funding for creating more trademark and patent offices to ease the traffic. People file hundreds of thousands of applications each year which overwhelm the government agencies responsible for processing them. You should allocate more for more qualified and efficient manpower so that they can be sorted out in the least time possible.
Lower the cost of obtaining a patent or copyright.
People have to dig deep into their pockets which mean that not everyone can afford to get one because the money they have fork out for materializing their idea together with patents costs is astronomical. Therefore, it has become a preserve of the upper class and brilliant ideas are locked out or exploited as a result. Dominant cooperates tend to take advantage of the situation and buy out anything they view as a threat. You should lower the cost by getting rid of other intermediate expenses so that it becomes affordable to the general public. Alternatively, you can also create patent loan institutions that would support any good and credible idea.
Congress ought to pass laws to deal with copyright theft by large companies
You can make new legislation or amend the already existing ones so that businesses cannot use these laws to their benefits. You can introduce another system that does not have the numerous loopholes like the system currently in place. Companies have seen and exploited the loopholes quite easily without any consequences whatsoever. They steal the patent of new inventions and quickly go to court to prevent a lawsuit by building defense portfolios. You can create a new body that will protect new inventors and authors. The body should be affordable to join so that no one is locked out. It should also issue some permit for any new idea that will prevent companies from patenting the ideas as its own.
Alternatively, you can come up with strict laws that will protect the patent or copyright from theft by large cooperates. The consequences of breaking such laws should be very dire and should include hefty fines and lengthy jail terms. You should also put in place a waiting time like one month for courts before any defense portfolio is accepted. The courts should in the meantime announce the patent or copyright to the public via the various platforms, and any complaint that arises they should take seriously.
Conclusion
Please take the time to discuss the problems highlighted in this report and set up committees that will conduct research to see how best to help future inventors and authors. Currently, patenting is manipulated by the mighty and eliminating the laws altogether can also be a good way to break their monopoly.
This issue is very urgent and needs to be dealt with as soon as possible so that the playing field can be level even for beginners. Continuing with the current laws as they are is suicidal and brings us back to medieval times where the high class ruled the country. You should not sit back and do nothing as the people who voted for are exploited by the greedy.
Work Cited
Burk, Dan L., and Mark A. Lemley. "Policy levers in patent law." Virginia Law Review (2003): 1575-1696.
Landes, William M., and Richard A. Posner. "An economic analysis of copyright law." The Journal of Legal Studies 18.2 (1989): 325-363.
Scotchmer, Suzanne. "Standing on the shoulders of giants: cumulative research and the patent law." The Journal of Economic Perspectives 5.1 (1991): 29-41.
Sterk, Stewart E. "Rhetoric and reality in copyright law." Michigan Law Review 94.5 (1996): 1197-1249.
