July 2016 – Page 2 – American Inventors for Justice

‘Given the devastation brought on the patent community’

‘http://www.ipwatchdog.com/2016/07/14/where-patent-applications-go-die/id=70913/

‘Given the devastation brought on the patent community by certain patent examiners and the indifference of the Patent Office’

But the problem is far worse for inventors and small entities than other applicants. If we have to fight to GET our patents, we go out of business. Big companies are far better positioned for a lengthy and expensive fight. That’s in part why small entity applications and issued patents have plummeted and appear to be at an all time low in the single digits, whereas historically small entity patents have generally ran about 50-60% of issued, but have been as high as 80% (see our position statement).

The other part is post issue reviews. The same rule applies here. If we have to fight to KEEP our patents, we go out of business. The patent system is now far more stacked against us. There’s a reason why America’s inventors are no longer inventing and why America now can’t find a job. Small entities create the lion’s share of new jobs. The patent system is in crisis and so is America.

Inventors wish it was only PTO ‘indifference’ we had to deal with. Many view PTO management as an enemy who is openly hostile against us -depriving us of our property rights and destroying our businesses. Are agents of large multinational invention thieves thieves running the Patent Office? Inventors will tell you they are and in this case perception alone is enough to cause a crisis. A complete house cleaning is desperately needed at the top of the PTO. We need someone who has strong ties with inventors and small entities to take over to restore inventor trust in the PTO.

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

‘Law Professors Call for Patent Venue Reform’

Thus’http://patentlyo.com/patent/2016/07/professors-patent-reform.html

‘Law Professors Call for Patent Venue Reform’

And they all are being compensated by …large multinational invention thieves?

If you lift the rock under these ‘public spirited’ professors and large corporate lobbyists, we expect you will find the same tiresome large multinationals clamoring for what they call ‘reform’ in one manner or another which in reality only makes it easier for them to rob and crush their small competitors. Don’t believe the lies of thieves. Just because they call it reform doesn’t mean it is.

For example, inventors and small entities want to bring infringement suits wherever they get the shortest time to trial. If we have to wait 5-7 years to get there, we go out of business before we ever get relief. Large infringers well know this and push for laws which make us sue them in distant and slow venues where they know there’s a good chance we’ll never make it to trial. This violates inalienable American property rights and long established laws where any tort victim can sue in any venue where their rights are violated. But then, what do these multinationals care about traditional American justice? All these thieves want to do is rewrite law to suit their thieving intentions.

‘copied by a legion of mostly Chinese knockoffs’

‘http://www.cnbc.com/2016/07/08/amazons-chinese-counterfeit-problem-is-getting-worse.html?__source=yahoo%7Cfinance%7Cheadline%7Cheadline%7Cstory&par=yahoo&doc=103772201&yptr=yahoo

‘Her sheet fastener had been copied by a legion of mostly Chinese knockoffs’

America’s patent system is in crisis. Without affordable, timely and strong patent protection America’s inventors and small entities are at the mercy of large competitors -in and offshore. Chinese and large multinationals rob us blind then crush us. We become free r&d for them and establish the markets they then Shanghai. When patents are too hard, expensive and slow to GET and enforce we go out of business. When patents are too hard, expensive and slow to KEEP we go out of business. The American patent system is now so weak that we are simply unable to protect our inventions and businesses. Large multinational infringers now steal at will.

‘protected my small businesses’

‘http://thehill.com/blogs/congress-blog/judicial/286691-supreme-courts-alice-decision-protected-my-small-businesses-from

‘Supreme Court’s Alice decision protected my small businesses from patent trolls’

That’s very funny. Take a look at the web page proffered by an org he works with/for…

http://www.unitedforpatentreform.com/members

http://www.unitedforpatentreform.com/testimonials/17/Michael+Skelps

See any ‘small businesses’ here?

Inventors and REAL small entities will tell you all Alice did was legalize theft of our inventions by our large competitors and unjustly and illegally stripped us of our property rights.

It gives every appearance this ‘small’ business owner is posing as such for Chinese and large multinational invention thieves. Lift the rock and you’ll find a large multinational crawling under it -hiding from the light. Just because they call it reform doesn’t mean it is.

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. Their goal is to legalize theft. For the last several years now they have been ransacking and looting small entities taking everything they can carry. The fact is, many of the large 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 few inventors can now enforce their patent rights so they steal at will. To infringers the only patents that are legitimate are their own -if they have any. Meanwhile, the huge multinationals ship more and more American jobs overseas.

‘Step two is described…’

‘http://www.ipwatchdog.com/2016/07/05/federal-circuit-patent-eligibility-life-sciences/id=70614/?utm_source=Website+Subscribers+%28RSS%29&utm_campaign=6b636cac38-Daily_RSS_Feed_With_Calendar&utm_medium=email&utm_term=0_98774de295-6b636cac38-72165381

‘Step two is described “as a search for an ‘inventive concept.’”’

We agree that the court got it right, but we believe from a practical and legal standpoint there is a far simpler path which is less likely to confuse lower courts who are not nearly so experienced with the technologies and applicable laws, and is far more consistent with the intent of the founders.

President James Madison wrote in Federalist no 10:

“The diversity in the faculties of men, from which the RIGHTS OF PROPERTY originate, is not less an insuperable obstacle to a uniformity of interests. The protection of these faculties is the FIRST object of government.”

As in the Constitution, the simplest and most direct test is 1) does the invention ‘promote the Progress of Science’, and 2) is it ‘useful’. These unnecessarily complex and vague guidelines used presently by the courts which ignore the clear wording of the Constitution not surprisingly lead to unpredictable results. Whether the fault lies with SCOTUS’s recent decisions such as Alice, may be viewed as immaterial. The end result is the same…weak at best, property rights. We suggest the courts and Congress revert to the unambiguous and simple approach of our Constitution to clarify and restore the correct protections for what President Madison called, ‘the faculties’ of America’s inventors.

On Independence Day

We think it is important for Americans to study and understand our history. In the 1760’s Edmund Burke was a very influential member of England’s Parliament which was the political body that enacted all its laws. He once described the then American colonists by saying ‘More than anything they love their freedom. They guard it jealously and with suspicion.’ A principal reason for America’s revolt and eventual separation from England as noted by Samuel Adams in his correspondence with the committees of the colonies leading up to and during our revolution was Parliament’s position that it had the authority to enact laws for the colonies ‘in all matters whatsoever’. The colonists understood the danger that presented them. Yet even today America finds itself imperiled by foreign shores when giant multinationals bully and commandeer Congress and the courts into enacting laws and setting precedent which weakens America’s ability to protect the rights and property of its citizens, allowing foreign nationals to rob us blind and export our jobs overseas. We think today especially is a good time for Congress, the courts and all Americans to reflect and resolve to reestablish strong property rights for inventors and all Americans that we may restore our economy to its former vibrancy. It is not too late to protect our property from foreign multinationals and ‘guard it jealously and with suspicion’.

‘there are no wealthy countries with weak patent rights’

‘http://cpip.gmu.edu/2016/06/24/how-strong-patents-make-wealthy-nations/

‘Haber presents data showing the relationship between the strength of enforceable patent rights and the level of economic development across several different countries. The results are remarkably clear: “there are no wealthy countries with weak patent rights, and there are no poor countries with strong patent rights.”’

As we’ve said, show us a country with weak or ineffective property rights and we’ll show you a weak economy with high unemployment. The reason is simple. Developing any new technology is expensive, time consuming and risky. If you can’t own what you create, it is a fool’s errand to even begin. Without strong patents inventors and small entities inevitably become free r&d for their large competitors who quickly elbow you out of any market you get traction in -after you’ve taken all the risk and done all the hard work. We simply will not create new technologies without strong patent rights. And because patents are now too hard, expensive and slow to get and enforce inventors and small entities are standing down in historic numbers. Look at the crash in small entity patent filings. These changes in the patent system over the last 10 years are destroying inventors and their natural and common law property rights. The result is clear. It’s time for REAL patent reform before further damage is done to America’s economy.

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