‘significantly more work’

http://www.ipwatchdog.com/2018/09/25/director-iancu-proposing-uspto-%c2%a7101-analysis/id=101682/

“significantly more work needs to be done, especially on the ‘abstract idea’ exception.”

We agree. What’s more, we believe judicial exceptions have far surpassed any reasonable usefulness, if not reason itself. In our view SCOTUS has been caught up in unnecessarily complex tests and lost sight of the purpose of the patent system as a whole…’To promote the Progress of Science and useful Arts’. Consequently, they have caused substantial confusion in other courts and in the patent system overall. As Judge Michel has stated, ‘it appears they do not know what they are doing’.

Further, we believe any invention in which the patent application teaches how it can be made and used by one of average skill in the art cannot by any reasonable stretch be said to be ‘abstract’. Again, so long as an invention is useful we believe as did the founders that it is deserving of a patent to secure the rights of the inventor. How it is arrived at or whether those unskilled in the art may view it as ‘abstract’ is immaterial. Can it not be said that rather it is the court’s application of the law and the Constitution that is abstract and strips the rights and property of inventors? The law and even the judicial body who adjudicates it must be changed to reflect a more reasoned and measured test for patentability which must by necessity hinge on the undeniable truth that all useful inventions are deserving of patent protection as in the Constitution. Only then will inventors return to our patent system.

Until then our issued patents and their applications will remain a pittance (about 10%, if not less and still falling) of their historical shares and our large multinational competitor infringers will continue to export more and more American jobs to foreign shores. When they cannot export jobs they import foreign workers who displace Americans under the false pretense of recruiting foreign talent while they ignore better talent on American shores to pocket the difference in their wages. Such is the doctrine of theft and deceit. Under it America’s home grown talent and our college graduates are left having to subsist on part time jobs or jobs in fields outside of their degrees and study. All the while these multinationals plunder and crush America’s job creating machine.

Has the court outlived its usefulness and is it no longer competent to hear patent cases? It appears to many a new court containing judges with technical backgrounds who are better able to grasp inventions will better protect the patent system. In the views of many SCOTUS and even some CAFC decisions of recent years have severely weakened it. For many inventors, the patent system is all but dead. We have no realistic expectation that we will ever be able to commercialize our inventions, or even benefit materially from them. These are the principle reasons we have exited the patent system. It is no longer ours. It belongs to giant multinational thieves who have robbed us of our property and our rights.

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

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‘under attack’

http://www.ipwatchdog.com/2018/09/19/seeds-demise-scotus-removed-exclusivity-patent-bargain/id=101492/

‘Patent rights are under attack and have been in modern times at least since the Supreme Court’s decision in eBay, Inc. v. MercExchange, LLC

For us things are far worse. In our view eBay was the beginning of the end to the American patent system. Coupled with other subsequent disasters like AIA, Alice and many others, we no longer have any chance of ever commercializing our inventions, or even benefiting materially from them. Our bill we are drafting will restore our patent system and change that.

We welcome the participation of all our friends in Congress and others who wish to restore it as we continue the work of forming our drafting cmtes and drafting our bill.

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

‘patents the company has acquired from other firms’

http://www.ipwatchdog.com/2018/09/09/facebook-patent-infringement-blackberry-patent-troll-like/id=101127/

‘patents the company has acquired from other firms’

Where did they get those patents? Our guess is some if not most were bought for a mere pittance from small firms and inventors who found it impossible for them to enforce due to the costs and slim chance of keeping and asserting them. The truth is patents for us are now far too hard to get, keep, and enforce. We simply no longer have any realistic chance of  commercializing our inventions. Our only hope is to sell them to someone who has the money and power to do so. Unfortunately that means our patents have little value so we end up investing all we have in an invention that we have little hope in the end of materially benefiting from. Meanwhile, large firms who were most probably far more often defendants in patent suits buy them at fire sale prices. But if they are not permitted to enforce them then not even they will buy our patents so we lose all the time and money we put into our inventions. This is justice?

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

‘One good place to start’

http://thehill.com/blogs/congress-blog/technology/404383-congress-and-trump-are-out-of-step-on-intellectual-property

‘One good place to start is the Support Technology and Research for Our Nation’s Growth and Economic Resilience (STRONGER) Patents Act, H.R. 5340…’

We disagree and only wish it was so. No current bill as yet will restore the patent system for all inventors. In general, they do not restore the right of injunction -certainly not for us, do not adequately address what is patentable -if at all, and do not restore the right to article 3 courts and jury trials. Nor do they address many other problems created since the eBay decision, all of which have made it impossible for us to commercialize or even benefit materially from our inventions. Therefore, none will restore our patent system. Our bill will do just that. We continue to build our cmtes to draft our bill. We will incorporate all beneficial aspects of any bill which will help restore the patent system for all inventors into ours and truly welcome the participation of all our friends in Congress who want to restore our patent system. It has been ‘reformed’ to death.

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