‘very serious errors in both eBay and Myriad…‘
We agree many recent decisions of SCOTUS are problematic. In fact, so many recent SCOTUS and other legal decisions since eBay affecting patent law are so fundamentally flawed that we believe the only practical course is for Congress to restore the patent system by changing patent law to comply with the original plan of America’s founders. All these decisions and other recent changes have done is to legalize theft of our inventions. As the founders taught us in the Constitution: if an invention is useful or advances the sciences, it is patentable. We believe that is the most efficient way to undo all the mayhem caused by unsound decisions of some courts. If some still can’t follow that simple directive, then the problems with our courts extend beyond patent law and suggest far deeper resurfacing is needed, such as changing our manner in selecting judges or even including impeachment or recall. Thereafter, if occasionally some judges still cant get it right our juries should have the good sense to bring a verdict which is just. Hopefully, jurors will maintain their historical independence from judges and prudently assert their right when needed to best serve justice. As America’s founders well knew, independent juries are an essential safeguard to protect our property and liberties.
What makes matters worse, these fundamentally flawed legal doctrines and resulting bad law have affected all patent law throughout the patent system including the Patent Office (PTO) which is now ran by a regime infiltrated by large multinational infringers who are all too ready to apply new law in the most disadvantageous way possible to deny us our patents. This new judicially created law has thereby affected our ability to both obtain and enforce our patents. When inventors and small entities have to fight to get or keep our patents we go out of business. Meanwhile, our large multinational competitors are free to rob and crush us as they ship more and more American jobs to China and elsewhere. When they cant export jobs, they import workers. This in great measure explains why America can’t find a good paying full time job.
Further, we believe the best course forward includes replacing the present PTO director who we believe is an enemy to property rights and a pawn for large multinational infringers, allowing Chinese and foreign nationals to steal America’s inventions. How can America effectively compete against China and other low wage countries while protecting our jobs if we don’t protect our property which is the foundation of those American jobs? We have seen no indication that this PTO regime is ready to change its stripes so we expect more of the same. Until we see a complete reversal in PTO policy, we will continue to call for a complete house cleaning of all top PTO management. That swamp must be drained! We have prepared a list of candidates for PTO director we believe inventors will support and are advancing these candidates in Congress and with the Trump administration.
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
American Inventors for Justice 