‘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
American Inventors for Justice 