‘huge mistake’

http://www.ipwatchdog.com/2017/09/15/failed-ptab-experiment-colossal-mistake/id=87542/

‘Congress made a huge mistake in creating the PTAB.’

We agree, but the mistake goes further. The full error was in passing AIA, or as we prefer to call it the America Stops Inventing Act, or ASIA for short as that’s where it sends America’s jobs.

Simply put, the purpose of the patent system is to encourage inventors. But AIA did nothing but discourage. No doubt, post issue review is a huge part of the problem, but there were many other severe problems in the bill such as first to file, expedited processing, etc. No, there was nothing in that bill that was good for inventors. In fact, it did manifest harm and may prove to be irreparable if Congress waits too long to correct. Meanwhile, small entity patents and filings will continue to evaporate.  They are now running only about 10% of their historical shares, if not less. Obviously then, for us the patent system is in crisis. This is what we get when large multinational infringers commandeer certain Congress members into locking out inventors from cmte hearings and instead swing the door open wide for large infringer propaganda patsies. Yes, AIA is a disaster for America, but a windfall for large multinational infringers (thieves). Any time thieves win, America loses. AIA must be repealed.

For our position and the changes we advocate (the rest of the truth) to restore the patent system, or to join our effort, please visit us at https://aminventorsforjustice.wordpress.com/category/our-position/
or, contact us at aifj@mail.com

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‘the American patent system is now crummy’

For inventors, the American patent system is now crummy. We can make the lunch (invent), but we can’t eat it (commercialize or equitably benefit from). All we get are the crumbs, if any are left.

In a patent system that forces us to fight to get, keep and enforce patents for our inventions we simply have no fair chance. That is why our issued patents and filed applications have plummeted from their historical shares and why our large competitors are now free to eat our lunch. Yes, there is now such a thing as a free lunch.

Congress, we need your help. Pass our measures into law. The more you pass, the more fully America’s invention based pipeline will fuel America’s economy and create new jobs for America.

‘pretend to have interest’

As submitted to us by an inventor…

“Large companies pretend to have interest in purchasing technology. Instead they use the info they obtain to invalidate patents. Patents are invalidated by PTAB based on nonsense logic. These companies seem to have secret connections at the patent office.
They also use info from due diligence to try to file their own patents and engineer work arounds. Long court fights result in a settlement favorable to them.

There is basically no protection against this kind of behavior. In fact, a case can be made that current laws promote ip theft.

But even if your dream patent bill were to pass, any business model built on using the legal system for monetization with the way the Court’s operate today is a loser for all but the lawyers.

Have you checked out the price for a patent suit lately?

Or the cost of a re-exam?

Patents are worthless to all but the largest companies as the patent law is presently applied.

By the way, the average person couldn’t care less about patents or ip theft.”

It is criminal what has happened to the patent system. It now only protects large infringers (thieves).

‘Decline Of An All-American Factory Town’

http://www.npr.org/2017/02/06/513713606/glass-house-chronicles-the-sharp-decline-of-an-all-american-factory-town

‘Decline Of An All-American Factory Town’

Ben Franklin once wrote in Poor Richards Almanac, “it’s hard for an empty sack to stand upright”.

As we say, show us a country with weak or ineffective property rights and we’ll show you a country with a weak economy and high unemployment. Sound familiar? This in no small part explains why America can’t find a good paying full time job and why our college graduates are forced to take low paying part time jobs outside their fields of study while saddled with thousands in debt from student loans. You can’t train Americans for jobs that don’t exist…except in China.

America must restore its patent system. Congress, we need your help -pass our measures into law.

For our position and the changes we advocate (the rest of the truth) to restore the patent system, or to join our effort, please visit us at https://aminventorsforjustice.wordpress.com/category/our-position/
or, contact us at aifj@mail.com

‘admissions of the director’s manipulation’

**’http://ipwire.com/stories/cafc-judge-moore-deal-massive-blow-ipr-credibility/

‘admissions of the director’s manipulation of Patent Trial and Appeal Board (PTAB) panel members

This is no revelation to us. As we’ve been saying, PTAB is where our patents and their inventions go to die. This is why we also say the PTO applies the law in the most disastrous way possible for us and why it is now far too hard, slow and expensive for us to get, keep and enforce our patents. The patent system now shelters large multinational infringers making it child’s play for them to rob and crush their small American competitors and in no small part explains why small entity issued patents and applications have atrophied to only about 1/10th of their historical shares, if not less, and why America cant find a good paying full time job. When we have to fight to get, keep, or enforce our patents we go out of business.

When one combines that injustice to a denial of our right to a trial by jury, ALL post issue admin reviews must be abolished.

For our position and the changes we advocate (the rest of the truth) to restore the patent system, or to join our effort, please visit us at https://aminventorsforjustice.wordpress.com/category/our-position/
or, contact us at aifj@mail.com

‘seriously defective’

**’http://thehill.com/blogs/pundits-blog/lawmaker-news/348245-patent-reform-is-critical-to-protecting-american-inventors

‘That high reversal rate, those experts say, shows that the PTAB process is seriously defective.’

But it gets worse. These post issue administrative reviews deny inventors the right to a trial by jury -a right which is acknowledged in and protected by the Constitution. It is a right which America’s founders regarded as ‘inalienable’ and has been regarded as such since the middle ages in England and is a tenet of Magna Carta. These administrative ‘trials’ have worked about as well for inventors as they did for Joan of Arc.

https://www.biography.com/people/joan-of-arc-9354756#!

The problem with administrative reviews is not structural -it is fundamental. It cannot be fixed. It must be expunged. This and other defects of the present patent system explain why small entity shares of issued patents and applications have so collapsed to only about 1/10th of their historical levels, if not less. When we have to fight to get, keep or enforce our patents we go out of business. Our large competitor infringers can, but we cannot.

We agree that changing the law to restore injunctions is desperately needed. It is our top proposed measure. However, restoring injunctions without at least addressing admin reviews and patentability will only make matters worse. Inventors cannot get injunctions on patents we cant get or keep. All injunctions by itself will do is give additional offensive rights to large infringing competitors (thieves) with no realistic threat for their infringing patents of their small competitors. In short, it will only further separate the haves from the have nots. Minimally then, the measures of at least our first 3 proposals must be made together. The more of our measures are adopted, the more resoundingly and viably the patent system will be restored for all inventors -large and small. It will thus encourage invention across the economy as America’s founders had intended. Importantly, Microsoft was on record years ago as stating they only seek patents (invent) because their competitors do. We believe they are representative of most every large company. Any reform which only reestablishes strong property rights for large infringers will then do little to affect the economy and restore jobs in America. Meanwhile, those same large infringing multinationals will keep sending American jobs offshore. When they cant export jobs they import workers that displace Americans and in no small part explain why our college graduates cant find jobs in their fields and have to settle for low paying part time jobs while burdened with paying college loans of tens of thousands of dollars. We don’t need more fake reforms from multinational thieves. It’s time to restore the patents system for all.

There is no bill presently before Congress in our view that solves these crucial problems for inventors. In fact, all except for at most 1 will only make matters substantially worse. We are working diligently with our friends there to modify existing bills if possible, or if not to introduce one or more bills to modify or substitute.

For our position and the changes we advocate (the rest of the truth) to restore the patent system, or to join our effort, please visit us at https://aminventorsforjustice.wordpress.com/category/our-position/
or, contact us at aifj@mail.com

An inventor’s story

As relayed to us…

A tiny, innovative developer of video security technology was targeted by a larger competitor using six concurrent IPR’s in 2013-14. The PTAB initiated six (6) Inter Partes Reviews at the same time. More importantly, the PTAB imposed an unfair procedural burden, in all of these proceedings, that prevented the tiny patent owner from amending his claims in the IPR’s. When questioned about how the patent owner should amend his claims as contemplated by the IPR statute, the panel of judges coldly explained that the IPR rules set by the USPTO to enact the IPR law established an extremely high procedural burden for the patent owner to amend claims in an IPR, and that no other patent owners had succeeded in amending claims in any IPR proceeding. This stopped the patent owner from preserving his rights and pulled back the curtains on procedural unfairness in all IPR proceedings. The USPTO rulemaking and conduct of IPR proceedings simply ignored Congressional intent and the letter of the IPR statute, which provided opportunity for patent owners to amend their claims attacked in IPR proceedings. This enabled the agency to quickly kill the patents and deprive the patent owner of recourse to an Article III judicial proceeding. Over just a few months the tiny patent owner was forced to bear great expense defending the six doomed, procedurally unfair IPR’s and, ultimately, endured loss of six previously valuable U.S. patents, and lost their investment in prosecution of the patent applications.