Barack Obama won the presidential election for 2012 and now, he will be in power for next five years. With this United Sates of America will be going forward with the two prospect related to Intellectual Property. First one will be the America’s Invent Act which was one of the upbringings of President Obama in his first tenure. Another will be the outsourcing policy that current America is implementing due to President’s statement.

“And I will invest $15 billion a year in renewable sources of energy to create five million new energy jobs over the next decade – jobs that pay well and can’t be outsourced; jobs building solar panels and wind turbines and a new electricity grid; jobs that will help us eliminate the oil we import from the Middle East in ten years and help save the planet in the bargain. That’s how America can lead again.”

Next question that my readers will be having after reading the introduction is ‘How this is important for Indians and what impact will it have on India?

First I will take up the topic of outsourcing. Outsourcing regime is keenly followed by India and Obama’s policies have been conservative on this. He wants to stop outsourcing so more job opportunities are created for American. To do this visa policies have been tightened and even taxes have been increased on giant firms who are involved in outsourcing. According to a study carried out by US Bureau of Economic Analysis, American companies hired fewer people domestically as compared to hired people abroad through outsourcing.

Outsourcing is the process of obtaining a service from external source in place of an internal source. Researchers in USA, tend to forward their data to patent agents in India to draft a patent which, can be granted to those researchers in USA. This creates a lot of job opportunities for Indians in IPR sector, and if they work proficiently and with will they can even find a place in US for themselves. Apart from drafting, patent agents in India are also helping patent prosecutors in America to prove patents invalid or valid by carrying out the work allotted to them. Barack Obama had said that he will be spending around $15 billion every year to create jobs for Americans, and if that happens than outsourcing will stop and that will mean lesser jobs for patent agents of India in US patent system.

Now let us discus about America’s Invent Act (read more). AIA was introduced to US in September, 2011 and came into force on 23rd January, 2012. It changed American patent filing system to ‘first to file’ from ‘first to invent’. With this it also constituted PTAB (Patent Trial and Appeal Board) for hearings of all patent and trademark related cases and another thing, ex-parte re-examination and post grant review came into effect. Apple’s patent has already been rejected due to this re-examination.

With the AIA Barack Obama has shown the world that he is serious for inventions and research that is taking place in the country but he had also made older and big giants prone to more judicial cases. Due to AIA anyone can file an opposition to a patent by just attaching a proof with the opposition (First only interested parties could do so). On one hand Barack Obama is trying to take America onto new heights and on the other side he is pulling back America back to start.

Outsourcing and AIA are the two feathers in President Obama’s cap but in spite of telling Americans that more jobs will be created in America, a lot of funding has been done to other nations by American government that have only created jobs in other nations and not in America. Stopping outsourcing will have a bad impact on IPR sector in India and will lead to unemployment and will also increase the cost company spend on employs if only Americans are allowed to work on IP, Indian companies offer the same service at a very low price as compared to their counterparts all around the world. That is why it would be too hard for Barack Obama to implement ban on outsourcing in IPR, not only in IPR but in other sectors as well.