‘we have more innovation’

http://time.com/money/3956351/jack-bogle-index-fund/

Q: Why not? More than half of the stocks you could buy, by market capitalization, are outside the U.S.
A: In the long run, market returns are created by business returns. And I think American business and the American economy are going to be the strongest in the world. I think we have more innovation. I think we have better technology. And I know we have a better legal structure, better shareholder protections. Some foreign nations are fine, but not all.’

Those are the comments of Jack Bogle, the founder of Vanguard. Jack understands the importance of innovation and technology to the American economy. Yet recent changes to the American patent system have nearly destroyed the incentive of inventors to create. That is clear by the collapse in small entity issued patents and filed applications which according to our recent study have atrophied to about only 10% of their historical shares, if not less and still falling. The reasons are simple: it is now far too hard, expensive and slow for us to get, keep, and enforce patents to our inventions. To a great extent the legal structure -courts, no longer respect our property or our rights. These are the reasons American inventors are leaving the patent system and are no longer inventing, unless we can protect our discoveries as trade secrets. But few inventions can be so protected successfully. For us, the patent system is in shambles.

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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‘STRONGER Patents Act would strengthen’

http://thehill.com/opinion/campaign/362330-american-innovation-depends-on-strengthening-patents

‘The STRONGER Patents Act would strengthen the ability of inventors to enforce their patent rights in court, bring additional procedural safeguards to proceedings before the PTAB…’

We inventors strongly disagree. The bill as it now stands will do neither, but it may make it easier for our large competitor infringers to rob and crush us. In fact, there is nothing in the bill that will significantly help inventors, if at all. The problem is that so far all bills that have been introduced in cmte and Congress have been in essence written by large infringers, or those with close ties to them. It certainly appears so to us based on the content of those bills. Not surprisingly, all their changes will do is make it easier for them to destroy us. Further analysis was included in a prior article…

https://aminventorsforjustice.wordpress.com/2017/09/27/which-is-more-important-justice-or-convenience/

The great problem that led to the devastation of AIA is Congress shut inventors out of the process. We believe large multinational infringers in essence wrote that bill. Not surprisingly, the results were disastrous for property rights. When thieves write law, America loses. If Congress doubles down on that error and again shuts out inventors, that may usher America back to the middle ages. We welcome the opportunity to work with our friends in Congress on a bill which will truly restore the American patent system. We are now drafting that bill. The measures we propose are here…

https://aminventorsforjustice.wordpress.com/proposedmeasures/

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

‘value to copycats in getting it for free is obvious’

http://thehill.com/opinion/finance/361957-supreme-court-must-reinforce-us-as-preeminent-innovation-superpower

‘Of course, the more successful a patented innovation is, the more likely it is to be challenged before this tribunal, because the value to copycats in getting it for free is obvious. ‘

Absolutely! Patent ‘reform’ never was about correcting ‘bad patents’. It has always been about legalizing theft of small competitor inventions. Don’t believe the lies of thieves. Just because they call it ‘reform’ doesn’t mean it is.

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

‘But Justice Ruth Bader Ginsburg…’

https://www.usatoday.com/story/news/politics/2017/11/27/supreme-court-deeply-divided-patent-review-process/897814001/

‘But Justice Ruth Bader Ginsburg said the process merely gives the Patent and Trademark Office a streamlined method for correcting its own errors. In Great Britain hundreds of years ago, she asked rhetorically, “the King couldn’t say, ‘I made a mistake?'”‘

But America is not a monarchy. What was acceptable or lawful in Europe at the time may not be lawful or acceptable in America. That was the old world. This is the new.

The founders regarded the right to a trial by jury as ‘inalienable’. Any post issue admin review that negates or appreciably diminishes that right denies inventors our rights. It’s one thing for the PTO to administratively ‘correct’ errors of prosecution for applications in process, which they have always done -that’s why they have so many layers. But it’s a totally different matter for them to ‘correct’ once a dispute involving that property has arisen and the patent has already issued. Once a controversy arises for an issued patent the PTO must lose any such control. Otherwise, the PTO becomes judge, jury and prosecutor in a pseudo trial which works about as well for us as an administrative trial did for Joan of Arc. That the PTO refers to these administrators as ‘judges’ establishes that they have usurped the courts. Further, as we have recently learned these PTO ‘judges’ are assigned cases in a partial manner which predetermines the fate of any reviewed patent. Should anyone really be surprised when PTO management comes straight from large multinational serial infringer central?

As we have said, the PTAB is where our patents and their inventions go to die. There are good reasons why former CAFC chief judge Rader referred to the PTAB as a ‘patent death squad killing property rights’.

See also https://aminventorsforjustice.wordpress.com/2016/07/28/abuse-of-that-process-began-shortly-after/

Such proceedings are a complete denial of due process and violates inventors rights while depriving us unjustly and unlawfully of our property. That has greatly contributed to the collapse in the small entity share of issued patents and filed applications which are now running only about 1/10th their historical shares, if not less and still falling. Has PTO management been hiding that fact? What else are they hiding?

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

‘specialist judges’

http://fortune.com/2017/11/27/supreme-court-patents/?iid=sr-link1

‘This method, known as inter partes review, involves specialist judges at the Patent Office, and is faster and less expensive than going to federal court’

This is another one sided PR production by Roberts -his specialty. Who is he working for?

Sure it’s faster and less expensive…for thieves. But these ‘specialist judges’ like the top managers at the Patent Office have close ties to some of the world’s biggest serial infringers. When they decide the fate of patents, you can rest assured it is nothing but bad news for their small competitors. Those proceedings are where our patents and their inventions go to die. That in no small measure is why inventors now only prevail about 3% of the time in court through appeal and why our issued patents and filed applications are down to only about 10% of their historical shares, if not less and still in a free fall. For us the patent system has become a sport of thieves.

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

frivolous “patent troll” cases

http://thehill.com/policy/technology/360438-tech-pushes-for-focus-on-copyright-in-nafta-negotiations

‘Tech firms also want to make sure that intellectual property provisions in copyright laws don’t allow for easy lawsuits that result in what some call frivolous “patent troll” cases. Such cases have frustrated tech companies like Apple and Intel as they field lawsuits from smaller companies that hold patents but make their money through such court cases, instead of manufacturing and producing their own products.’

The bigger the multinational infringer (thief) the bigger their lies.

Their definition of ‘frivolous “patent troll” cases’: whenever we are sued

The patent system now teeters on the brink of lawlessness. Call it what you will…patent hoarder, patent troll, non-practicing entity, shell company, etc. It all means one thing: “we’re using your invention and we’re not going to stop or pay”. It’s a pure red herring by large invention thieves and their paid puppets to kill any inventor support system. As Mark Twain said, ‘truth is not hard to kill, and (that) a lie well told is immortal’.

Inventors no longer have any fair chance at commercializing our inventions due to the political intrigues of large infringers. Without the right to sue to stop infringement we have no chance at benefiting in any material way from our inventions. They coerced the courts to take away our right of injunctions so we no longer have a fair chance to commercialize. How can we when they have stolen our ‘gun’ and have all the bullets. They know that, but continue to spread their Chinese style propaganda. Don’t believe the lies of thieves. Just because they call it reform doesn’t mean it is.

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

‘U.S. patent system in decline’

http://www.ipwatchdog.com/2017/04/26/top-3-reasons-u-s-patent-system-decline/id=82571/

‘U.S. patent system in decline’

That’s such an understatement we are nearly speechless.

First, take a look at the Board for the Chamber…

https://www.uschamber.com/about/board-directors

How many inventors do you see?…Zero.

How many small businesses do you see?…Zero.

They say they represent ‘the interests of more than 3 million businesses of all sizes‘. Sure they do, rrrright.

The American patent system is now a sport of kings. For us it is also a sport of thieves. We view the Chamber as essentially a lobbyist organization for some of America’s and the world’s largest infringers (and exporters of American jobs or importers of foreign workers who displace Americans). Sure, for them the American patent system may well be the world’s best. It is great at helping them rob and crush their small competitors. But that’s disastrous for inventors and other inventive small American businesses. We need a patent system that strengthens and stabilizes property rights, not one that sells them to the highest bidder.

Rather, a far better gauge as to the health of our patent system is: does it encourage inventors?

Our answer is simple and emphatic -HELL NO! Here’s why.

As in our earlier study using data from the PTO web site, the small entity share of issued patents and filed applications has fallen to only about 1/10th of their historical shares, if not less and still falling. Obviously, the patent system is NOT encouraging inventors. It is chasing them away.

Further, our chances of enforcing any patents we may get after years of fighting the patent office for them is minuscule -about 3%, according to another study.

https://aminventorsforjustice.wordpress.com/2017/10/02/inventors-only-succeed-about-3-of-the-time/

Worsening the erosion of property rights is that the courts have substantially reduced awards (see p9 2017 PWC Patent Litigation Study). There is no data to support market based factors so we can only conclude these reductions are not based on fact, but rather on a change in policy. They have been artificially reduced. But the reality of damages is worse than the PWC study suggests. Their study only looks at pre appeal damages. Those awards seldom matter. If we lose on appeal we get nothing, so the PWC study in this respect is largely immaterial.

In fact, for about the last 10 years the condition is far worse. Even if inventors can get a large award, we have little chance of getting that award upheld on appeal. As above, we only prevail about 3% of the time in the end -virtually never for any award over $5M, so even a large award at the district court does us no good…we lose it on appeal and NEVER collect! So is the CAFC saying it’s OK for our infringers to make millions or even billions on our inventions, but not for us? Huh??? That’s as ridiculous as SCOTUS saying in Alice they will not uphold patents for fundamental or building block inventions. So what, they don’t want us to invent anything really important…or just don’t want to uphold our patents for anything large corporations want to steal? That’s another reason why we need the right of injunctions because we cannot depend on the courts to equitably uphold our property rights, if at all. The crumbs some courts such as SCOTUS and CAFC want to give us, only prolong our eventual ruin. They will not sustain OUR successful commercialization of our inventions -only their commercialization by others such as large multinational infringers (thieves). That’s how large thieves most always prevail in the end. Why are these courts so soft on crime? WHY?!

But if you cut the top off of a tree, the tree dies. THAT, is what is happening to America’s inventors.

Because of the above inventor’s are no longer practically able to obtain and enforce patents to our inventions. As in the above PWC study patent suits have been declining overall. But things are far worse. Their study does not reflect that we are now permitted to only name one defendant per case, whereas before we could and would routinely include up to tens of infringers in one case -sometimes over 100. Therefore the number of cases filed is no longer material. It is the number of DEFENDANTS named that matters. Likely for us, that has dropped in proportion to the number of our patents that have issued, or by at least 90%. We are aware of no study that reports that.

These are some of the causes that explain why the small entity shares of issued patents and filed applications have so plummeted. In general, patents for us are now far too hard, expensive and slow to get, keep and enforce.  For us, the patent system is now a sport of thieves. Unless changes are made to restore the patent system the American inventor will continue to dissipate until they completely disappear. This is a matter of grave importance to America’s economic stability and job creation. The American inventor is becoming extinct.

After all, the entire purpose of the patent system is to encourage inventors, not large multinational infringers as the present system does. Inventors have been ‘reformed’ to death by them and their paid lobbyists who have commandeered some courts, the Patent Office, the former White House and some in Congress -if not infiltrated. We can only conclude SCOTUS hates us and property rights…except possibly those of our large infringers. We’re not so sure about the CAFC either, at least because they are artificially limiting our damages. The real world market needs to set the price of our inventions, not the courts. Give us our injunctions back. Respect our rights. The courts must either be for property, or they will be against America.

What inventors critically need is for Congress to restore the patent system. We have drafted a set of proposed measures which we are completely convinced will do just that.

https://aminventorsforjustice.wordpress.com/proposedmeasures/

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