‘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.
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 firstname.lastname@example.org