‘market-creating innovations’


‘Singer’s market-creating innovation was just the tip of the iceberg. Generations of American entrepreneurs succeeded, against staggering odds, by pioneering other market-creating innovations.’

But those days have passed. Changes in our patent laws both judicial and legislative since roughly 2005 have blocked our ability to commercialize our inventions and enabled and encouraged our large competitors to rob and crush us. Decisions such as Alice, eBay, and others have been calamitous for us. The America Invents Act, known by inventors and the America Stops Inventing Act or ASIA for short as that’s where it is sending all our jobs, has piled on.

Inventor and small entity issued patents and filed applications are down to only about 10% of their historical shares, if not less and still falling…though there isn’t much further they can fall until they completely disappear. The reasons are many: we often can’t get patents and when we do after years of fighting the Patent Office at costs in the hundreds of thousands of dollars we can’t keep them because of post issue admin reviews. Just one of those proceedings can cost us up to a million dollars which few of us have the cash for so we then lose our patents by default. Even if by some miracle our patents survive review our chances of winning through appeal in court is only about 3% and can cost as much as ten million dollars for a single suit. Even if we win in court we still can’t get injunctions to stop our competitors from using our inventions so the courts have legalized theft of our inventions. Naturally then, we can see the writing on the wall. We have no chance so why bother to create inventions only our large infringer competitors can realistically profit from. The odds are worse than ‘staggering’. The fix is in.

We are drafting a bill with the help of our friends in Congress that will restore our patent system. Until it is passed into law American inventors will continue to refuse to invent just as our large multinational competitors will continue to export American jobs. When they can’t export our jobs they import foreign workers who displace Americans. There is little wonder why our job market is not recovering and even our college graduates can’t find good paying full time jobs in their fields of study and have to settle for what they can get trying to repay their student loans and stave off homelessness. Coffee, anyone?

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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