Trademark identifies the source of a product and fixes responsibility for its quality. If the customer likes the product, the trademark of the product will enable them to know which product they will buy in the future, and if the customer dislike the product, they will able to avoid to buy the product with that trademark (Trademark, 1997). History of Patent The U. S. Constitution is the one who give the right for the U. S. citizens to seek a patent.
In fact, the Constitution doesn’t clearly give people the right to get patent; it actually just says that the Congress shall provide inventors with rights to their inventions. But, even it is only a suggestion; it is a suggestion that is made by the U. S. Constitution , thus, the Congress felt obliged to make an organization for giving patents. The Congress has set up the first patent board, consisting Thomas Jefferson, Henry Knox, and Edmund Randolph. Ever since, U. S. has been granting patent, that was about 200 years ago. The U. S.
patent boards were not too busy because at that time U. S. is just an agricultural society. But it all changed during the industrial revolution. Nineteenth- century business put a lot of stock in the patents’ power to help them to dominate markets and keep the competitors at bay (Gardner, 2007). In 1930 and for the next several decades, patents gradually falling out of fashion as a means for companies, in any case in the U. S. , to protect their markets. There are some possibilities why patents fall out of fashion: first, the arrival of the Great Depression.
The extreme economic difficulties that absorbed the nation throughout the 30’s effectively ended the capital lending to small business. Second, the continued use of patents right of the large companies was met by the Supreme Court with extensive enmity. Third, the New Deal that was proposed by President Franklin D. Roosevelt showed to seize a negative view toward patents. Fourth, the negative view of the Supreme Court towards patents created laws frequently narrowing the scope of a patentable invention (Jones, 1934).
The international competition has increased during the 70’s, the patent bar and together with the courts realized the economic necessity of providing more and better U. S. technology’ s protection. The industry have lobbied the Congress and it result to the Federal Courts Improvement Act, which was created by the Court of Appeal for Federal Circuit (CAFC) . In 1982, the CAFC began hearing patent cases. The decisions were interpreted rightly or wrongly, as being pro-patent holder and pro-patent rights.
Through the first five years of CAFC’s existence, the CAFC have overturned almost 90% of the lower courts opinion that have found that patent is invalid for being obvious in the light of the prior art. Rapidly, the patents were back again in fashion. Patents were now respected by the courts and the patent holders could look to the court for the restriction and lost revenues (Ladas and Parry, 1999). By late 1980’s, patent were going to be important and enforceable.
Patents became the coin of the area for biotech industries, most of it had nothing more than their intellectual property and many knew it would take decade or more before any product would be realized. In the mid 90’s the patent system and the number of application flied have increased gradually (Stobbs, 2000). Abraham Lincoln is the only President of the United States that holds a patent. The patent is for the device to keep a person afloat over the shoals; it consists of a set of retractable float that is mounted on the sides of the riverboats (Jason, 2009).