Innovation and Intellectual Property Law

By Aaron Tsui

Aaron Tsui is a sophomore studying computer engineering in the School of Engineering and Applied Science interested in technology law and intellectual property.

When it comes to law, most people immediately think of a case relating to criminal, civil, or corporate matters; however, one of the most important, yet often overlooked, areas of law is that of intellectual property (IP), specifically covering patents, trademarks, copyright, and trade secrets. From the lightbulb to Apple’s iconic logo to famous songs, intellectual property law has a wide range of applications that continue to facilitate a constantly improving and innovating society.

Within IP law, the bulk of the legal matters stem from patents, consisting of patent prosecution and litigation. As defined by the World Intellectual Property, “a patent is an exclusive right granted for an invention.” [1] The designation of something as an “invention” is contingent upon various factors, namely its novelty and its non-obviousness. For something to be considered “novel,” there must not exist any prior art, which is public information that indicates that the invention is already known. The “non-obvious” term refers to the invention not being easily apparent to someone of ordinary knowledge and skill in a particular field.

So, how exactly do patents contribute to society? A lot of it boils down to money and time. The reason why patents are so sought-after for inventors is because they give them exclusive rights to an invention, meaning that for a certain period of time, usually 20 years, no other party can produce that invention for profit. [2] From here, the monetary incentive for inventors to successfully obtain a patent is quite apparent. With the monetary incentive, people are motivated to keep developing newer and more innovative inventions, and with the time component, they are pressured to do so at a faster pace. Taking a deeper look into the time component, the United States recently switched from a first-to-invent system to a first-to-file system, aligning with the rest of the world in that regard. With the first-to-file system, the inventor that first files the patent is given priority, hence making it even more critical for inventors to file a patent as soon as possible. [3] Looking at everything from a wider lens, it is evident that society as a whole also reaps the benefits from the IP’s effect of creating a both better and faster innovation system.

The aforementioned time limit of patent enforceability of around 20 years also aids in how society benefits from IP. While the inventor is able to reap the profits of having that patent for 20 years, after that, the patent expires and anyone can use the patented invention for their own use and benefit. This encourages economic growth by preventing anti-competitive practices. A famous case is that of ibuprofen, in which case once the patent expired in 1984, a rise in competition between generic drug brands occurred. [4]

Other areas of IP law include trademarks and copyright. While they generally have similar effects as patents, there are some differentiating factors. A trademark applies to a word, phrase, or design, and copyright refers to artistic, literary, or intellectually created works, which can include paintings and songs. [5] A trade secret, however, differs from patents, trademarks, and copyrights because they are not made publicly known, hence the “secret” aspect of a trade secret. Famous trade secrets include the Coca-Cola recipe and Google’s search algorithm.

From patents to trade secrets, the multi-faceted world of intellectual property law extends to a variety of innovative and highly impactful areas of society. While IP laws have strict guidelines when it comes to defining certain things as novel or inventive, it is these specifications and details that truly allow for an ever-improving and innovating society.

[1] “Patents.” WIPO.  Accessed November 26, 2023. https://www.wipo.int/patents/en/.   
[2] Resources, MPEP. “MPEP.” United States Patent and Trademark Office, July 2022. Accessed November 26, 2023. https://www.uspto.gov/web/offices/pac/mpep/s2701.html.   
​[3] “From ‘First to Invent’ to ‘First to File.’” Dykema, January 29, 2013. Accessed November 26, 2023. https://www.dykema.com/news-insights/from-first-to-invent-to-first-to-file.html#:~:text=On%20March%2016%2C%202013%2C%20U.S.,inventor%20to%20the%20patent%20office.  
[4] “Zombie Patents.” The Economist, June 21, 2014. Accessed November 26, 2023. https://www.economist.com/finance-and-economics/2014/06/21/zombie-patents.   
[5] “Trademark, Patent, or Copyright.” United States Patent and Trademark Office - An Agency of the Department of Commerce, February 6, 2023. Accessed November 26, 2023. https://www.uspto.gov/trademarks/basics/trademark-patent-copyright.  

The opinions and views expressed in this publication are the opinions of the designated authors and do not reflect the opinions or views of the Penn Undergraduate Law Journal, our staff, or our clients.