June 2016 – American Inventors for Justice

‘critical updates to our patent system’

‘https://www.hillaryclinton.com/briefing/factsheets/2016/06/27/hillary-clintons-initiative-on-technology-innovation/

‘The Obama Administration made critical updates to our patent system through the America Invents Act’

False. All those changes did was make it easier for Chinese and large multinationals to rob and destroy their small American competitors. So it seems Ms. Clinton has been commandeered by thieves. When these thieves cannot dupe or ply their targets with campaign contributions, we suspect and it appears they trap or frame to destroy them politically. Such was the intimation of Senator Whitehouse.

‘http://www.altageneral.com/senate-patent-reform-hearing-transcript-questions-senator-whitehouse-december-17-2013/

When thieves control who gets elected, property rights and America lose.

We would like Ms. Clinton to define for us what is a ‘patent troll’. Who are they and what is it they are doing that is wrong? She appears to have been substantially taken in by invention thieves.

For example, there is no ‘excessive patent litigation’ which we have stated and supported with facts previously. Rather, it is now far too hard, expensive and lengthy for inventors and small entities to get AND enforce their patents.

For our position and the changes we advocate to truly reform 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

‘A paper by National University of Singapore’

As cited in Dale B. Halling’s Source of Economic Growth, 2015

‘http://www.wipo.int/edocs/mdocs/mdocs/en/wipo_ip_econ_ge_5_10/wipo_ip_econ_ge_5_10_ref_huandpng.pdf

‘A paper by National University of Singapore shows a strong correlation between economic freedom and strong patent systems and economic growth’

As James Madison wrote in Federalist No. 43 regarding constitutionally recognized rights of inventors and that portion of the Constitution as proposed, “The utility of the clause will scarcely be questioned. The copyright of authors has been solemnly adjudged, in Great Britain, to be a right of common law. The right to useful inventions seems with equal reason to belong to the inventors. The public good fully coincides in both cases with the claims of the individuals.”

To our founders inventors’ rights were not just self apparent, but coincided with the public good as the above paper now notes. That patents are now too expensive, difficult and lengthy to get and enforce underscores the critical juncture that America now finds itself in. As we say, show us a country with weak or ineffective property rights and we’ll show you a weak economy with high unemployment. If we cannot own the product of our minds or labors, what can we be said to truly own? Life and liberty are fundamentally tied to and in fact based on property rights.

‘The Federal Circuit concluded’

‘http://www.ipwatchdog.com/2016/06/27/70409/id=70409/

‘The Federal Circuit concluded that the discovery was “a significant contribution to the medical field,” but that did not matter insofar are patent eligibility is concerned.’

WE are aghast! Now would be a good time for the CAFC and all other courts and Congress to re read the Constitution while there is still an economy left to protect. That is the highest law in the land for all federal branches AND the document from which all lawful federal authority emanates. To deviate from it is to adjudicate and govern without.

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”

The principal questions then are:

1. does the invention promote science?, and

2. is it useful?

Insofar as the courts and Congress deviate from these principal lines of investigation regarding patentability, they venture into territory which is not supported by law or reason. It’s time to reclaim our fundamental American heritage of the protection of property before further damage is done to the American economy and job creation.

‘agenda reportedly wades’

‘http://thehill.com/policy/technology/285132-clinton-pledges-broadband-access-for-all-households-by-2020

‘The agenda reportedly wades into important issues within Silicon Valley, such as …patent reform …’

Has Clinton been commandeered by large multinational invention thieves? Just because they call it reform doesn’t mean it is. Don’t believe the lies of thieves.

For the last several years the Chinese and large multinationals have been ransacking and looting small American entities taking everything they can carry. Those are the same multinationals who when they cant export jobs, import workers and artificially inflate their employed Americans. The fact is, many of the giant multinationals and their puppets who defame inventors in this way themselves make no products in the US or create any American jobs and it is their continued blatant theft which makes it impossible for the true creators to do so. Invention thieves well know many inventors lack the resources to enforce their patent rights so their only recourse is to sell to or partner with others who do have the resources. Otherwise, large invention thieves just thumb their noses at you and steal at will.

‘virtually no claims’

‘http://www.ipwatchdog.com/2016/06/26/cuozzo-ipr-death-american-inventor/id=70382/

‘While the Patent Office likes to tout statistics that claim most patent claims challenged in IPR are not invalidated, those statistics are viewed as bogus within the industry. They do not take into account claims patent owners simply give up on because it is too expensive to fight, and they ignore the reality that once an IPR is actually instituted virtually no claims are actually adjudicated to be patentable.’

We agree. All data provided by PTO management should be readily questioned and subjected to great scrutiny. Patent applications and issued patents for small entities have plummeted, especially in the last decade. That the PTO does not allow querying of their database and underlying data by the public to substantiate their claims should sound the alarm. Inventors simply no longer trust PTO management which has substantial ties to the large multinational repeat infringers that have hoaxed America and robbed us blind. China and other nations have been enriched at America’s expense.

“since the Great Depression”

“rights and protections conferred by a U.S. patent have eroded to the point that they are weaker today than at any time since the Great Depression”

Sadly, it is true. Chinese and large multinationals have so systematically weakened the patent system by duping or bullying some in the courts, Congress, the PTO and the White House that patents are now too hard, expensive and lengthy to get and enforce. It is destroying inventors and small entities.

The patent system now teeters on the brink of lawlessness. Call it what you will…patent hoarder, patent troll, non-practicing entity, shell company, etc. It all means one thing: “we’re using your invention and we’re not going to stop or pay”. It’s a pure red herring by large invention thieves and their paid puppets to kill any inventor support system. As Mark Twain said, ‘truth is not hard to kill, and (that) a lie well told is immortal’. Those who use the amorphous phrase ‘patent troll’ expose themselves as thieves, duped, or doped and perpetuate the lie.

‘It’s still open season on bad patents’

‘http://fortune.com/2016/06/20/tech-industry-wins-big-in-supreme-court-patent-ruling/?iid=sr-link1

‘It’s still open season on bad patents’

Plain English translation: large Chinese and multinational invention thieves will continue to take advantage of a weak American patent system to rob and crush their small competitors

This Fortune writer continues to publish what we regard as highly slanted pieces that include absolutely no balance. From his bio, this Canadian has no working experience in American patent law yet writes frequently on the subject -at least in Fortune. We have to ask why anyone can be so one sided and does he have a pecuniary connection with multinational invention thieves?

It’s a sad day for property rights in America when thieves prosper. Show us a country with weak or ineffective property rights and we’ll show you a country with a weak economy and high unemployment. Starting to sound familiar?

While Congress may enact laws which provide for the effective and efficient administration of property rights such as patents, it does not have the authority to enact laws which deny or materially diminish the property rights of inventors and any such law must be interpreted and applied accordingly.

For example, these post issue reviews by the PTO substantially deprive inventors and small entities of the ability to obtain counsel in a quasi judicial proceeding which often results in the revocation of their patents. This is not due process and violates THE primary function of the federal government -to protect property rights as noted by James Madison in the federalist papers (see Nos. 1, 10 and 43). Further, in prosecution when examiners change in course it is the established rule in the office that any decision of the prior examiner is to be given full faith and credit. Yet in post issue reviews any decision of the issuing examiner(s), even at the highest level, is given no deference or consideration. So the PTO violates its own rules. This is an extreme contradiction and an obvious denial of property rights of inventors. This is just one of many reasons why inventors and small entities do not trust current PTO management and why a clear change is needed at the top. Inventors have no confidence or trust in them.

We sincerely hope the courts will adjudicate and Congress will legislate accordingly and in respect of our rights.

The same government that was created to protect property rights now permits their blatant and systematic theft. Large multinational infringers will continue to use the PTO and some courts as a tool to legalize their theft. Is our republic dead? Is America controlled by thieves? Do any of us really own our property?

There’s a reason why large multinational invention thieves spent so much to pass the America Stops Inventing Act (ASIA, that’s where it’s sending all our jobs). It’s far easier for them to manipulate, control and bully PTO management than it is America’s judges and juries. But courts with juries is a right of all Americans -especially in the matter of property rights.

‘major technology companies’

‘http://thehill.com/policy/technology/283263-supreme-court-says-patent-damages-opinion-wont-open-the-gate-for-trolls

‘major technology companies who had filed friend-of-the-court briefs to argue that removing the test could give more ammunition to trolls…’

Thick as…thieves?

What is the definition of a ‘patent troll’? To some it is a party who asserts patents covering technologies they do not commercialized. But many of the large multinationals who use that definition themselves make no such products in the US and it is their continued blatant theft of those technologies that blocks the true inventors from doing so. Don’t believe the Chinese style propaganda of large multinational thieves and their paid puppets. Just because they call it ‘reform’ doesn’t mean it is.

‘often labeled’

‘http://finance.yahoo.com/news/virnetx-vhc-beat-apple-aapl-180706444.html

‘often labeled a “patent troll” by those in the technology industry’

That’s nothing new . Large multinationals consider anyone who sues them for infringement to be a ‘troll’. That’s the true definition. To them all patents are invalid…except their own, if they have any.

Don’t believe the lies of thieves. Just because they and their Chinese style propaganda machine puppets call it ‘reform’ doesn’t mean it is.

‘associating universities with so-called “patent trolls,”…’

‘http://www.ipwatchdog.com/2016/06/14/caltech-infringement-lawsuit-apple-broadcom/id=69834/

‘troubling pattern of associating universities with so-called “patent trolls,”…’

Those who play to this blatant Chinese style propaganda of ‘trolls’ by large multinational invention thieves do inventors and other small entities an injustice. The truth is, to infringers anyone who sues them for infringement is a ‘troll’. Playing to this rhetoric only spreads confusion and does further damage to the patent system and the rights of inventors. Don’t believe and propagate the lies of thieves.

For example, one ‘troll’ definition is a plaintiff in a patent suit that does not themselves commercialize. That often includes universities -no doubt. But of course universities and many inventors often lack the resources to commercialize and since the Ebay SCOTUS decision we are often unable to obtain injunctions to stop infringement so inventors and others have no fair chance at commercializing -not with far larger, better funded infringers using our inventions. That’s just not fair. But then why should it matter if the inventor elects to license and not commercialize himself. If you build a house, do you have to live in it to own and sell it? Inventions are property, clearly, if one reads Madison and other founders at the time of the adoption of the US Constitution. Read our position statement and other posts on our site for details.

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