So say Chinese and giant multinational invention thieves and their paid PR puppets -some will say such as Titch. Sure Congress ‘took a big step’: backwards! Don’t believe their lies. Inventors will tell you the opposite. Former Chief Judge of the CAFC Rader describes the Patent Office post grant procedures such as those established by AIA as ‘patent death squads’.
There are many problems with the present state of the patent system (please see our Position Statement). One is the obliteration of injunctions for inventors. Yet the US Constitution and our founders acknowledged the EXCLUSIVE rights of inventors.
From ‘Section 8 – Powers of Congress:
To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;’
If we cannot obtain injunctions once infringement is found we have no realistic chance at EVER commercializing our inventions. To attempt without is a fool’s errand. Any rational reading of the Constitution requires that injunctions always be issued once infringement is adjudged, except in rare instances such as where national security is jeopardized. It’s about property rights. Show us a country with weak or ineffective property rights and we’ll show you a country with a weak economy and high unemployment. Is this all starting to sound and look familiar?