Month: November 2016

‘Inventions are property…’

‘http://www.ipwatchdog.com/2016/11/21/patent-views-peter-thiel-mean-trump-administration

From Gene’s last response to one of our posts…

‘So patents offer incredibly important rights to inventors and they should be strong and come with meaningful rights to exclude that are honored in the courts and by the USPTO that issued them, but monopoly is not the right word to use to describe patents.’

So it appears we are in agreement. Inventions are property and similar to most all other property they include the right to exclude others from making, using or selling.

As to the rest of his response…

‘98% of patents cover inventions that make no money. There simply is no market for most inventions, so no monopoly. Third, a single patent on an invention will never create a monopoly once additional innovation and improvement occurs.’

No doubt it is a steep climb for inventors to benefit from their creations and discoveries.  It always has been. But in the present American patent system it is nearly impossible. We have no fair chance. When PTO management actively obstructs our obtaining and enforcing patents to our inventions, how can we? When we have to fight to get and keep our patents we go out of business. The system is terribly stacked against us. When the very federal government that was created to award and enforce patents for our inventions refuses to carry out its duties and when some in it actively collude with thieves, we and America lose.

Historically, a single patent or a family stemming from a single application has dominated and even controlled various fields. Elias Howe had his sewing machine patents. Gordon Gould had his laser patents. There are many others. But today many of us have been stonewalled by PTO management straight from infringer central so we wait for our patents or a time when they can be enforced in courts that actually respect property rights unlike so many today who clearly do not. We are diligently working with our friends in Congress  to correct these terrible injustices. When thieves win, America loses.

 

from an inventor

A response to our prior post from an inventor…

“Even before our current president had changes enacted to eviscerate patentee rights, Corporate America had a cavalier attitude about intellectual property rights.  They told me that companies would use any technology they want and leave it to inventors or patent owners to find their infringements.  Then they would challenge an individual inventor to risk the costs of litigation to enforce those rights.  It was standard operating procedure.

Today, with forced re-examination of patents, Markman rulings, and the like, the individual inventor is rarely able to capitalize on his inventions.  The only hope is a corporate partner or a contingent fee attorney together with years of challenges.”

‘You can disagree if you want…’

‘http://www.ipwatchdog.com/2016/11/21/patent-views-peter-thiel-mean-trump-administration/id=74741/

Gene Quinn November 24, 2016 3:07 pm

  • Staff-

    You can disagree if you want, but a patent is not a monopoly and you make a huge mistake saying that it is. First, those who hate patents want others to incorrectly believe a patent is a monopoly in order to regulate it under the Antitrust laws. Second, a monopoly only exists if there is a market. Too many inventors make the mistake that getting a patent means that there will be riches appear. 98% of patents cover inventions that make no money. There simply is no market for most inventions, so no monopoly. Third, a single patent on an invention will never create a monopoly once additional innovation and improvement occurs. So patents offer incredibly important rights to inventors and they should be strong and come with meaningful rights to exclude that are honored in the courts and by the USPTO that issued them, but monopoly is not the right word to use to describe patents.

    -Gene

    **********************************************

    Gene, thank you for responding. We welcome the opportunity to engage in open public debate on this important issue. Open debate has been something patent law has largely been devoid of with infringers (thieves) apparently controlling the publications on many sites and access to Congress. We are changing all that. For example, that is why we created our site so that open debate can occur.

    To be clear, we are not saying inventions are monopolies. Rather inventions are property and like other forms of property they come with certain rights. In this instance the right we were referencing was the right to exclude others, such as from making, using, or selling -the right of exclusivity.

    Do you agree inventors have the right of exclusivity?

    (Ps, we will run by our group for feedback to this post and update any changes on our site and attempt to do so here)

 

 

‘The use of the word “monopoly”…’

‘http://www.ipwatchdog.com/2016/11/21/patent-views-peter-thiel-mean-trump-administration/id=74741/

‘The use of the word “monopoly” to describe patents, or copyrights, is unfortunate’

Politely, we completely disagree. The Constitution says…

‘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;’

That inventors have exclusive rights to their inventions -in other words a ‘monopoly’, of that there can be no doubt. Don’t be confused by large multinational invention thieves and their Chinese style propaganda machine.

For our position and the changes we advocate (the rest of the truth) to truly reform the patent system, or to join our effort, please visit us at https://aminventorsforjustice.wordpress.com
or, contact us at aifj@mail.com

Wiki-Propaganda

‘https://en.wikipedia.org/wiki/Patent_troll

‘https://www.youtube.com/watch?v=pMuysrP-5v0

‘a patent troll is a person or company that attempts to enforce patent rights against accused infringers far beyond the patent’s actual value or contribution to the prior art.’

If you think the invention isn’t that useful or you don’t like the price, then don’t use it. If that car costs more than you are willing to pay, then don’t buy it. It truly is that simple.

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’.

Just because they call it ‘reform’ doesn’t mean it is. Don’t believe the lies of thieves.

For our position and the changes we advocate (the rest of the truth) to truly reform the patent system, or to join our effort, please visit us at https://aminventorsforjustice.wordpress.com
or, contact us at aifj@mail.com

‘The 12-page letter’

‘http://thehill.com/policy/technology/overnights/305986-overnight-tech-hearings-in-the-lame-duck-techs-message-to-trump

‘The 12-page letter spanned policy recommendations on issues like …patent reform’

We’ll summarize that recommendation for you, “help us rob and crush our small competitors”.

Just because they call it ‘reform’ doesn’t mean it is. Dont believe the lies of thieves.

For our position and the changes we advocate (the rest of the truth) to truly reform the patent system, or to join our effort, please visit us at https://aminventorsforjustice.wordpress.com
or, contact us at aifj@mail.com

They toast…and we roast

One look at this picture and it’s easy to understand how the American patent system came to be in such a state of crisis for inventors and small entities.

http://www.dailymail.co.uk/home/moslive/article-1386409/Worlds-richest-dinner-party–including-guests-Obama-Mark-Zuckerberg.html

America continues to pay the bill as large multinational corps rob and crush their small job creating competitors thanks to changes in law which legalized theft of our inventions. Meanwhile, those same multinationals ship more and more jobs overseas. When they can’t export jobs they import workers.

For our position and the changes we advocate (the rest of the truth) to truly reform the patent system, or to join our effort, please visit us at https://aminventorsforjustice.wordpress.com
or, contact us at aifj@mail.com

US Patent Infringers Office

Below are the opinions of one inventor on the present American patent system.

“Under Obama the US Patent Office was converted into the US Patent Infringers Office. The Patent Office was effectively invaded and captured by big business with a former Google atty appointed as Director and a former Medtronic atty appointed as Chief Judge of PTAB. Both companies were well known for having bad reputations as serial infringers. Medtronic is particularly notorious for aggressive filing of large number(s) of post grant challenges to invalidate the patents of inventors.

Under the past administration, “patent reform” was voted into law by Congress, and its passage effectively made it cost prohibitive for  small entities and individual inventors to enforce, or defend their patents if infringed or challenged by larger entities.

The net result has been a dramatic drop in patent applications by individual inventors. Since most economic growth comes through innovation, the best route to growing our stagnant economy has been blocked by a shortsighted and thoughtless national policy.

Many believe that economic growth will come from productivity improvements. But productivity increases do not directly create new job(s). Only innovation directly create(s) new jobs by establishing entirely new industries and products. In the past the primary incentive for innovation was the protection afforded by patents.But patents no longer protect innovators.

The situation must change and key patent office positions (be) filled by individuals who respect patents and recognize their value to our economy and who can serve as patent advocates and educators to Congress and the Public. The damage done to patent holders by recent Court decisions and so called “patent reform” legislation must be repealed or repaired. Patents must be returned to their original status as the primary mechanism  for insuring that innovators are rewarded for their discoveries. Patents must become an asset again, not the liability they have become.

Continuing to ignore or misunderstand the importance of patents in our economy will only condemn our economy to (a) continuous state of permanent no-growth.”

‘Patent filings in the United States’

‘http://www.ipwatchdog.com/2016/11/10/china-increasingly-preferred-venue-patent-litigation/id=74585/

‘Patent filings in the United States have been increasing’

But as result of AIA and similarly as with suits filed, the number of patent applications filed in the US is now largely immaterial. It’s not about the number of applications filed, but rather how many original applications are filed. Because of first to file, applicants are now forced to file multiple applications in process of developing their invention as opposed to the past under first to invent where inventors were more likely to wait until the invention was complete before filing. We are not aware of any credible study that indicates the size of the affect and from what we can tell the PTO has no such data publicly available on their web site, but even if applicants now file only twice as many applications per invention which would seem to be underestimated, the number of original applications filed would have dropped by almost half. Worse yet, if the small entity portion of issued patents is a reliable gauge, small entity original applications may have fallen to one tenth of what they have been historically. However you slice it, thanks to AIA, case law and administrative changes, the patent system is in crisis.

For our position and the changes we advocate (the rest of the truth) to truly reform the patent system, or to join our effort, please visit us at https://aminventorsforjustice.wordpress.com
or, contact us at aifj@mail.com

New PTO Director

With the change in administration resulting from the election there will be a new director at the PTO. In light of the experiences of inventors and small entities in their interactions with recent PTO management we believe this is a tremendous opportunity to appoint a new director that small entities can rally behind and lend their full support to. We strongly recommend the new director have strong ties to the inventor community and small entities. It would be disastrous to appoint a new director in accordance with past practices where directors have mostly only had ties to large persistent infringers and none or minimal with small entities and inventors. That is in part how we got to where small entity patents issued have dwindled to perhaps one tenth of their historical share based on a recent sample from the PTO web site of issued patents. But as is well known, small entities create the lion’s share of good paying new jobs in America and if the country is going to get out of this suppressed state of employment it desperately needs the help of small entities. Otherwise, our large competitors will continue to steal our inventions and force us from the markets we create, all the while exporting more and more American jobs. When the can’t export jobs they import workers. That in large measure is why America can’t find a good paying full time job.

To this end we offer our assistance to our friends in Congress and our new friends to be in the White House with the next administration as we reach out with the hope of a friendly ear, ready to provide a list of viable candidates that will help fill this position with a strong candidate who can garner the support and confidence of all patent applicants -large and small. That confidence of small entities will in time lead them back into active research and development which has stagnated due to the recent history of being unable to get or enforce our patents in any reasonable, predictable or fair way.

For our position and the changes we advocate (the rest of the truth) to truly reform the patent system, or to join our effort, please visit us at https://aminventorsforjustice.wordpress.com
or, contact us at aifj@mail.com