Patent Law and Defense Technology: Original Intent and Current Practice
(Room S320F)
29 Nov 17
9:00 AM
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9:30 AM
The protection of inventions and other intellectual property (IP) is provided for in Article I of the U.S. Constitution, but the passage of time and the evolution of society has clouded the original goals and obfuscated the vision of promoting progress. Using diverse points of view, the authors present the history and the current impact of the patent system on the development and deployment of technology, especially as these relate to national defense issues. This paper begins with a quick review of the inherent need for the protection of IP, the founders’ intent, and the ways in which the legal processes have altered over the decades. They justify their assertion that not all of these changes have been salutary and discuss times when they have become impediments to or destructive of progress. Some feel that protection of the lone inventor has given way to providing weapons for organized interlopers and requiring defensive tactics by large corporations. Patent grants have exploded to unimaginable levels. Data will be presented on the number and complexity of patents. The paper will follow that with an analysis of the pressures that have caused that drift from the original goals. There is a review of thought concerning the current practice and future changes to encourage creative endeavors from the point of view of legal, technical and academic participants. A brief outline is given of international issues and the impact of various countries’ approach to this problem and steps that the U.S. might take to enhance the rule of law and the global protection of IP. This is discussed in relation to its being necessary for a strong defense environment for the nation and its allies. The paper closes with possible areas of future change.