April 2018 – American Inventors for Justice

‘to promote the progress of science and useful arts’

‘https://www.uspto.gov/blog/director/entry/greetings_from_director_iancu

‘to promote the progress of science and useful arts’

Tragically, the American patent system has done the opposite since at least the eBay SCOTUS decision. It has been further severely weakened by AIA and a court system which inventors regard as openly hostile to us, as was the PTO.

To better illustrate the injustice of the system, one inventor filed a patent application in the late 90’s in the electronics field concerning cell phone technologies, including maps and other applications. A first patent issued in 3 years. Later in the 90’s other applications were filed concerning what today are referred to as social networking applications. It took 10 years for a patent to be issued on those applications. How can inventors and small businesses have any fair chance at ever commercializing their inventions when we have to wait that long to get our patents? We need patents to obtain funding, but we far too often go bankrupt before we get our patents. Meanwhile, our large multinational competitors take over those markets and thumb their noses at us knowing full well there is nothing we can do. So this is justice, American style?

Meanwhile, an IPR was filed on 2 of the patents. They survived.

The inventor then filed suit against 2 large competitor infringers in his state, but a SCOTUS decision forced the suit to the state of the large competitors. Two years later a defendant motion was granted on summary judgement declaring the patents invalid.

This is typical of the struggles and perils for inventors today with the present American patent system. For us the patent system is dead. It is a far better choice to buy a lottery ticket than to spend money or time on an invention for inventors and small businesses. That is why the small entity share of issued patents and filed application have collapsed to only about 10% of their historical shares. For us the patent system is now a sport of thieves -encouraging our large competitors to rob and crush us, which they readily and happily do.

We are excited about Director Iancu’s appointment and are very hopeful that PTO management is now in the hands of someone we can trust who will help us safeguard our rights and property, rather than deprive us of them as did prior directors.

For our position and the changes we advocate (the rest of the truth) to restore 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

‘will be revoked by the PTAB once proven valuable’

‘http://www.ipwatchdog.com/2018/04/24/supreme-court-issues-much-anticipated-oil-states-sas-decisions/id=96302/

‘will be revoked by the PTAB once proven valuable’

Precisely. As we found with the PTO’s secret SAWS program and the gerrymandering of PTAB panels to ensure management’s desired result, the PTO is not immune to political and industrial intrigues and lobbying which deny inventors due process and property rights. Neither as we now see are the majority of the court -so it seems. 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.”

Further, when commenting in Federalist No. 43 on the proposed Constitutional recognition of invention rights, President Madison wrote “The utility of the clause will scarcely be questioned. The copyright of authors has been solemnly adjudged, in Great Britain, to be a RIGHT of common law. The right to useful inventions seems with equal reason to belong to the inventors. The public good fully coincides in both cases with the claims of the individuals.”

He didn’t say the ‘privilege’, rather he said the ‘RIGHT’. Inventors therefore have a right to their inventions. Of that there is no doubt, no matter how many pages of specious twisted and dishonest logic large infringers submit. Don’t believe the lies of thieves.

We warmly thank Justice Gorsuch and Chief Justice Roberts for their dissenting opinion.

We are bewildered, despondent and in essence finished off by such decisions of the majority. Why is it so often since 2005 the court’s majority patent decisions read like they were penned by our largest infringers? But theirs is ransom note jurisprudence. They extract words and phrases from a small number of isolated past decisions of narrow governance and combine them through alchemy and artifice -meanwhile ignoring the teachings of the great body of historically controlling decisions, the intent of those decisions and the Constitution itself, not to mention the clear intent of America’s founders. As occasionally happens in faulty jurisprudence, decisions can read like the case was decided before the arguments were fashioned to support the predetermined vote. When was the Constitution and common law rescinded? Franklin after the constitutional convention in 1787 said that despite how nearly perfect the Constitution and design of the national government was he believed that within time the government would become corrupt.

So how does one know when a government has become corrupt? Is it when it regards our rights as privileges?

So if one buys a house they own it, but if they create and build an invention and a business around it after years or even decades of work and investing all they own in it they don’t own the invention, they are only allowed to borrow it so long as it pleases a political appointee who may be indirectly (if not directly) controlled by large multinational competitors of the inventor? Huh? So Americans do not have a right to trial by jury as say large multinational infringers? Of course, it’s silly to even think that such a thing as ‘inalienable’ rights could exist. Just like the commoners of Europe in the middle ages we peasants only ‘borrow’ the property of the king, though we create it with no expense or bother to the king, and have no rights just the privileges the king mercifully bestows on us so long as it pleases the king…and of course, our large multinational competitor infringers. These are not patents for a monopoly selling sugar in London which would be a privilege or a gift, although historically those monopolies were sold by monarchs to raise money, such as for the wars they were perpetually fighting. They were in essence taxes, though they had little difference from organized crime protection rackets. Rather, these are patents for new and useful technologies which actually benefit the public rather than fleece them and are therefore for ‘the public good’. They must then be private rights.

The inscription on the Statue of Liberty reads in part:

‘Give me your tired, your poor,
Your huddled masses, yearning to breathe free’

Why, so they can be robbed, ground into dust and left for dead by the wealthy and privileged whose wealth is due in no small measure to their theft of our inventions? Do they now control the majority of this court? Is this the America we have become? Is this America’s ‘golden door’?

By way of this and many other decisions since at least eBay in 2005, this court has failed inventors and America. We now have no course but to draft and enact our bill with the help of our friends in Congress in a manner to ensure our rights in the courts, notwithstanding the protestations and lobbying of our largest serial infringers (thieves). Is the SCOTUS majority suited or even competent to hear cases involving patent law? Are they independent, or under the influence of large multinational infringers and their doctrine of theft? Something is clearly wrong here. Do they hate us and property rights?

It has been perceived by us and many others that many judges do not like patent cases because they can be complex and overwhelming for judges who lack a technical background. Many inventions are ‘abstract’ to those who lack the required technical expertise, but not to those of average skill in those fields. Is it time to require a minimum demonstrated competency by judges in patent cases, or perhaps require a court appointed technical expert to make technical judgements and guide the courts? Most every SCOTUS and often CAFC decisions since eBay have destroyed inventors and given us no fair chance of commercializing our inventions. Clearly it does not when we only prevail 3% of the time through appeal, according to the annual PWC study. Obviously, these fights are fixed. How then can anyone say the patent system ‘promote(s) the Progress of Science and useful Arts’? All it now does is legalize theft of our inventions. It only promotes theft of.

‘improve protections of intellectual property’

‘https://www.wsj.com/articles/china-looks-to-close-technology-gap-with-u-s-1524316953?mod=djemTECH_h&tesla=y

‘improve protections of intellectual property ‘

Yet at the same time they and their multinational trading partners have debased the American patent system so they can now rob and crush their small American competitors at will here. Patents for inventors are simply too costly, difficult and slow to get, keep and enforce. That is why the small entity share of issued patents and applications filed has plummeted to only about 10% of their historical shares, if not less and still falling. For us the American patent system is dead.

We are drafting a bill that truly will restore the American patent system. It has been ‘reformed’ to death.

‘It has been ‘reformed’ to death’

‘https://www.ipwatchdog.com/2018/04/10/happy-birthday-patent-system-hope-springs-eternal/id=95681/

‘In Congress today, our legislators are barraged by many lobbyists of large, primary tech corporations that, again, insist that the patent system requires reform’

But what they are promoting isn’t reform at all. All they do is legalize theft that makes it easier (it’s already easy) 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.

We are drafting a bill that truly will restore the American patent system. It has been ‘reformed’ to death.

‘Apple and VirnetX have been battling it out over the patents since 2010’

‘http://fortune.com/2018/04/11/apple-virnetx-patent-battle/?iid=sr-link2

‘Apple and VirnetX have been battling it out over the patents since 2010’

How can inventors and other small businesses ever hope to commercialize our inventions if it takes us nearly a decade or more to enforce our patents against our large competitors? The answer is of course, we can’t. So THIS is justice??

‘the right to trial by jury’

‘https://www.washingtonexaminer.com/opinion/op-eds/patent-foolishness-on-capitol-hill

‘Unlike in the federal courts, in IPRs there is no presumption of validity of the patent’

But post issue admin review has an even worse problem, a problem that is fundamental. It denies inventors the right to trial by jury which America’s founders regarded as one of our ‘inalienable rights’. Any law that denies any American their rights must be struck. We are now drafting a bill to restore the patent system which will accomplish that and much more.

	staff on “quietly acquired”
	staff on ‘out in front’
	‘admissions of… on ‘seriously defective…
	‘STRONGER Pate… on ‘Industry funding of uni…
	staff on ‘inhibit innovation…