Assembly Magazine logo
search
Ask ASSEMBLY AI
cart
facebook twitter linkedin youtube
  • Sign In
  • Create Account
  • Sign Out
  • My Account
Assembly Magazine logo
  • TRENDS
    • Ask ASSEMBLY AI
    • Trends
    • News
    • New Products
  • INDUSTRIES
    • Aerospace
    • Appliance
    • DFMA Assembly
    • Medical Devices
    • Green Manufacturing
    • Lean Manufacturing
    • Machinery Assembly
    • Electronics Assembly
    • Automotive
  • TECHNOLOGIES
    • Adhesives & Dispensing
    • Assembly Presses
    • Automated Assembly Systems
    • Manufacturing Management
    • Manufacturing Software
    • Motion Control
    • Screwdriving & Riveting
    • Robotics
    • Test & Inspection
    • Plastics & Metal Welding
    • Wire Processing
    • Workstations
  • AUTONOMOUS & ELECTRIC MOBILITY
    • AEM Magazine Archives
    • Autonomy
    • Electrification
    • Mobility Services
    • Assembly & Testing
    • AV/EM News
  • MEDIA
    • Ask ASSEMBLY AI
    • Podcasts
    • Assembly News Now
    • Assembly TV
    • Webinars
    • eBooks
  • EVENTS
    • Calendar
    • The ASSEMBLY Show
  • MORE
    • Exclusives >
      • Plant of the Year
      • Capital Spending
    • Buyers Guide >
      • Supplier Insights
    • Classifieds
    • Featured Products
    • Newsletters
    • Store
    • White Papers
    • Columns
    • Sponsor Insights
  • INFOCENTER
    • Assembly & Test Solutions
  • EMAGAZINE
    • eMagazine
    • Archive Issues
    • Advertise
    • Contact Us
    • Sign Up
ColumnsThe Editorial

The Editorial: Patent Reform Will Spur Innovation

By John Sprovieri
April 2, 2012
In September, President Obama signed into a law the first major overhaul of the U.S. patent system since 1952. Passed in a rare display of bipartisanship—there were only nine “no” votes in the Senate—the America Invents Act transforms how patents are obtained, challenged, and valued in acquisition, licensing and litigation.

The law’s most significant change moves the United States away from a “first to invent” system to the “first inventor to file” approach used by most other nations. The former awards a patent based on when an invention is conceived, not necessarily when an inventor files a patent for it. The latter awards a patent to the first person who files for it. In making the transition, Congress hoped to diminish costly court battles to determine who invented what and when.

Among other changes, the act allows third parties to submit information about patent applications and creates a new post-grant review process for patents.

Proponents believe the law will create jobs, bolster innovation, streamline the patent system, reduce litigation, and ensure U.S. competitiveness. If politics makes strange bedfellows, the act will need a large mattress, having garnered support from rivals Microsoft and Apple and the United Steelworkers and the U.S. Chamber of Commerce.

Critics claim the law favors large corporations over small entrepreneurs. In particular, they fear the first-to-file system will enable big companies to beat smaller ones to the punch while they scramble to test prototypes and obtain venture capital.

However, such fears may be overblown. Under the act, inventors can file a provisional application for an invention to secure first-to-file status with no risk of subsequent disputes.

For its part, the U.S. Patent and Trademark Office (USPTO) welcomes the law. David Kappos, director of the USPTO, says the law will give his agency “the tools it needs to effectively expedite application processing, drive down the backlog of unexamined patent applications, and issue higher-quality patents that are less likely to be subject to a court challenge.”

If the law lives up to that promise, it would be welcome news. Today, the USPTO takes, on average, 33.5 months to award a patent. The agency’s application backlog stands at 1.2 million, more than half of which have yet to be even read, much less processed. In a time when the typical consumer replaces his cell phone every 18 months, waiting three years to obtain a patent is unacceptable.

Although the law authorizes the USPTO to increase fees—substantially in some cases—the agency will be able to access more of the funds it raises. (Since 1990, Congress has diverted approximately $800 million in fees paid to the USPTO for the general treasury—no wonder there’s a backlog.)

“We intend to aggressively implement [the law] by immediately hiring new examiners, instituting new patent acceleration tools, and aggressively modernizing our IT infrastructure,” says Kappos.

That’s what we want to hear.

KEYWORDS: product innovation

Share This Story

Looking for a reprint of this article?
From high-res PDFs to custom plaques, order your copy today!

John has been with ASSEMBLY magazine since February 1997. John was formerly with a national medical news magazine, and has written for Pathology Today and the Green Bay Press-Gazette. John holds a B.A. in journalism from Northwestern University, Medill School of Journalism.

Recommended Content

JOIN TODAY
To unlock your recommendations.

Already have an account? Sign In

  • Made in the U.S.A.

    Consumer Products Manufacturing: Made in the USA

    Supply chain lessons learned during the coronavirus...
    Automated Assembly Systems
    By: Austin Weber
  • Best Practices for Press-Fit Assembly

    Best Practices for Press-Fit Assembly

    In manufacturing, ironclad formulas for success are hard...
    Assembly Presses
    By: Jim Camillo
  • aem0523leader-tesla1.jpg

    Tesla Rethinks the Assembly Line

    Engineers at Tesla Inc. have developed a new process that...
    Industries
    By: Austin Weber
Manage My Account
  • eMagazine Subscription
  • Assembly Newsletters
  • Online Registration
  • Subscription Customer Service
  • Manage My Preferences

More Videos

Sponsored Content

Sponsored Content is a special paid section where industry companies provide high quality, objective, non-commercial content around topics of interest to the ASSEMBLY audience. All Sponsored Content is supplied by the advertising company and any opinions expressed in this article are those of the author and not necessarily reflect the views of ASSEMBLY or its parent company, BNP Media. Interested in participating in our Sponsored Content section? Contact your local rep!

close
  • ultrasonic welding
    Sponsored bySonobond Ultrasonics

    Engineering Efficiency in High-Performance Assembly: How Ultrasonic Welding Enhances Throughput, Reliability and Quality

  • UV curing system
    Sponsored byDymax

    Why UV Intensity Alone Doesn’t Define Curing Performance

  • wooden pallets
    Sponsored byLEAN Manufacturing Products

    Eliminating Waste on the Shop Floor: Applying Lean Principles to Improve Manufacturing Efficiency

Popular Stories

ASSEMBLY News Now, episode-30: Volvo Redesigns EV Manufacturing

Volvo Redesigns EV Manufacturing

Boeing CEO Kelly Ortberg announces 1 billion investment

Boeing Plans $1 Billion Wichita Investment, Workforce Training Center

GE Appliances Worker on Line

GE Appliances Expands Factory AI With 800 Gemini Enterprise Agents

Watch the latest episode of ANN now!

Events

July 24, 2025

From Shop Floor to CFO: How Manufacturers Are Closing the Loop Between Operations and Finance

On Demand Learn how manufacturers are bridging the gap between the shop floor and ERP systems to gain real-time visibility, streamline operations, and kick-start digital transformation—without waiting years.

Sponsored by:

PicoStratusGreen
July 30, 2025

Buffer Analysis and Design Fundamentals for Manufacturing Excellence

On Demand In this presentation, Dr. Herman Tang shares practical insights from his industry experience and research on buffer management in manufacturing operations.

View All Submit An Event

Poll

Difficult Assembly Processes

Which assembly process gives you the most difficulty?
View Results Poll Archive

Products

Manufacturing Cost Policy Deployment (MCPD) Profitability Scenarios: Systematic and Systemic Improvement of Manufacturing Costs

Manufacturing Cost Policy Deployment (MCPD) Profitability Scenarios: Systematic and Systemic Improvement of Manufacturing Costs

See More Products
Register for webinar - Modernizing Automotive Assembly: Why Upgrading Legacy MES is a Business Imperative

Related Articles

  • New Materials Spur Innovation in Sporting Goods Manufacturing

    See More
  • The Editorial: Where Will Your Next Innovation Come From?

    See More
  • car equipped with advanced driver assistance systems detects bikers, pedestrians, vehicles

    Tech Convergence Will Spur Demand for New ADAS Technology

    See More

Related Products

See More Products
  • handbook of digital.jpg

    Handbook of Digital Innovation, Transformation, and Sustainable Development in a Post-Pandemic Era

  • design for.jpg

    Design for Six Sigma: A Practical Approach through Innovation

  • foreman.jpg

    The Foreman on the Assembly Line

See More Products

Related Directories

  • George H. Morgan, Patent Agent

×

Never miss the latest news and trends driving the manufacturing industry

Stay in the know on the latest assembly trends.

JOIN TODAY!
  • RESOURCES
    • Advertise
    • Contact Us
    • Directories
    • Manufacturing Division
    • Store
    • Want More?
  • SIGN UP TODAY
    • Create Account
    • eMagazine
    • Newsletters
    • Customer Service
    • Manage Preferences
  • SERVICES
    • Marketing Services
    • Reprints
    • Market Research
    • List Rental
    • Survey/Respondent Access
  • STAY CONNECTED
    • LinkedIn
    • Facebook
    • Instagram
    • YouTube
    • X (Twitter)
  • PRIVACY
    • PRIVACY POLICY
    • TERMS & CONDITIONS
    • DO NOT SELL MY PERSONAL INFORMATION
    • PRIVACY REQUEST
    • ACCESSIBILITY

Copyright ©2026. All Rights Reserved BNP Media, Inc. and BNP Media II, LLC.

Design, CMS, Hosting & Web Development :: ePublishing