‘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.

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

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’.

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

‘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.

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