As we have stated, none of the present bills before Congress which we have seen will restore our patent system so that inventors will once again have a realistic expectation we will be able to commercialize our inventions -though we truly wish they did. Nevertheless, what we wish we saw versus what we truly did will not restore our rights, nor will it clothe Hans Christian Andersen’s Emperor.
Realistically, it impossible for any member of Congress to be expert at all things. That’s just not possible. There are presently no members in Congress and may never have been that have experienced all phases of the patent system, from obtaining and keeping to enforcing and commercialization. Collectively and in some instances individually, we have that experience. In fact, among us we have hundreds of years of experience in all phases. With the help of our friends in Congress we will put all that experience to the best possible use in drafting and passing a bill that will not only solve select crippling problems in the system currently, but restore it to full health where inventors will once again have a realistic expectation we will be able to commercialize our inventions. Most certainly, we are not the large multinational infringers (thieves) who have caused the problems and covertly only seek to completely destroy it or further pervert it so no one but them can possibly use it. Congress should beware of their gift horses.
For example, none of the present bills will restore injunctions to the prior standard so that once infringement is found an injunction will ‘issue absent exceptional circumstances’. The changes as proposed in those bills will not help inventors as we will still be unable to obtain injunctions and therefore still be unable to commercialize against our far larger and better capitalized multinational competitors. The same situation applies to our other most important proposed measures and few if any of our our remaining measures are even addressed by the other bills. Until substantially all our measures are enacted into law inventors will continue to refuse to risk their time and resources and our patent system will continue to be a tool for our large infringing (thieving) competitors and their partners in crime. Thomas Edison learned in his very first invention (voting machine, 1869) that investing one’s time and money in an invention that will not pay is a waste of both.