American Inventors for Justice

‘invalidate these patents without rhyme or reason’

‘https://www.ipwatchdog.com/2019/12/15/five-years-later-the-us-patent-system-is-still-turning-gold-to-lead/id=116984/

‘They continue to invalidate these patents without rhyme or reason.’

We agree. Since the eBay decision in 2005, a collection of decisions from SCOTUS have made it impossible for inventors and small businesses to obtain worthwhile patents. Whatever we get from the Patent Office after years of fighting them is essentially worthless. We cant enforce them. Meanwhile, our large multinational infringing (thieving) competitors carry the store out the front door in broad daylight. Is the day of the generalist judge in our high court past?

We believe SCOTUS must be reorganized as in our bill with judges who are expert in patent law hearing all IP cases -judges who recognize and respect property and other ‘unalienable’, Constitutional and ‘natural’ rights. It’s time to restore our patent system starting at the top.

For us this patent system is a con artist who coerces inventors to keep paying in order to keep our applications alive to have any hope of ever benefiting from them, though in reality as it now stands there is none. Inventors, say hello to your federal government.

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

‘classified file from the Patriot missile program’

‘https://finance.yahoo.com/news/u-says-accused-apple-secrets-010000983.html

‘classified file from the Patriot missile program’

As we wrote earlier, national security has always been an important reason for countries to have thriving technology and industrial sectors. American colonists learned quickly about those needs as our developing country was predominately agricultural based and found it necessary to secure arms elsewhere to support our effort to separate from England. You can’t make guns and ammunition from a wheat field and you can’t fight a war with ox and plow. We exported raw materials to England and in turn imported all finished goods from and through them as England unjustly imposed on us.

But you can’t have either thriving technology or industrial sectors without strong property rights. Industrialists will not build factories unless they can own them. We will not build them for the state to seize. Nor will inventors create technologies if they can’t own their creations and discoveries -if others are permitted to take what they want and defy us to stop them while our laws make it harder, slower, and more expensive for us to obtain patents and when the courts unjustly refuse to enforce any patents we may get after years or even decades of fighting the Patent Office to obtain. They continue to deny our rights. These are important reasons why the small entity share of issued patents has collapsed over the last several years. Why should we invent?

Yet despite these intolerable conditions the mainstream media continues to ignore our plight. We keep sounding the alarm, but they keep rolling over and hitting the snooze button just as many in the courts and Congress have. Meanwhile, our patent system continues to calcify on its way to petrify, through various stages of putrefy. Why has the main stream media been so quiet on this? They gasp over isolated theft of technologies out our back door while large multinational looters continue to carry away the store through the front like a procession of ants.

‘FBI wishes it had acted quicker’

‘https://news.yahoo.com/fbi-wishes-had-acted-quicker-215815401.html

‘FBI wishes it had acted quicker as China stole intellectual property’

How can it be that one department in the federal government laments failing to stop theft of inventions while the courts, Congress and the White House have all since the mid 2000’s acted to permit and even sanction that theft? For example, SCOTUS with it’s eBay v Mercexchange decision made it nearly impossible for inventors and small businesses to get injunctions to stop invention thieves. Their Alice decision made it impossible for us to get strong worthwhile patents and invalidated those we already had, while the America Invents Act in part made it impossible for us to keep our patents if we try to enforce against thieves -offshore or on. We prefer to call that bill the America STOPS Inventing Act or ASIA for short as that is where it has sent all our skilled good paying full time jobs. The FBI lament, mere PR or not, changes nothing. The grand theft of America’s ‘faculties’ continues unhindered. Until our bill is passed nothing will materially change, certainly not for the better. Congress, pass our bill.

‘inviting other countries to steal it’

‘https://www.sciencefriday.com/segments/scientific-espionage/

‘if the open culture of science in the U.S. is inviting other countries to steal it’

When one has porous laws and courts permit theft of inventions nothing can be done to stop the theft. America’s patent laws are now for us only good for draining spaghetti. Trade secrets can protect few as once they are commercialized their secrets can often be easily unraveled. America cannot stop invention theft unless it first changes the law to protect our inventions from theft by our large competitors, wherever they may be, so that inventors will once again have a realistic expectation we will be able to commercialize our inventions. Congress, pass our bill.

Until then, we will take our inventions with us to the grave as has happened throughout the world over the ages. The patent system our founders created changed all that, but their system has been destroyed by the doctrine of theft. All it now protects is theft by our large competitors. This system, what is left of it, is a travesty for many inventors and small businesses. It is a sport of thieves.

‘flood of bad patents’

‘https://thehill.com/blogs/congress-blog/politics/467980-how-to-fix-the-patent-quality-crisis

‘The United States has a serious problem – arguably a full-blown crisis – in patent quality: a flood of bad patents devaluing the good ones and reducing the benefit of patenting for true inventors. ‘

Plain English translation: Our small competitors patented inventions are a threat to our markets, if not our existence.

It is the large companies who whine about ‘bad patents’ who flood the patent office with worthless applicatons for inventions neither they or anyone else will ever use. Meanwhile, they seek to destroy the patent system so that all other patents are rendered just as worthless so they get freedom to steal …er, operate.

Take a look at the author’s byline…

‘David W. Jones is a former IP Counsel to the Senate Judiciary Committee and currently executive director of the High Tech Inventors Alliance. ‘

Now take a look at their fictional “inventor” members…

https://www.hightechinventors.com/about

Real inventors will tell you they include some of the world’s biggest serial infringers, robbing their small American competitors as they export more and more American jobs offshore along with our discoveries while partnering with China and other foreign nations -their partners in crime. We suspected they had plants in Congress and the White House and may have some in the courts. Systematically they have destroyed our patent system and fleeced, bribed, bullied or black mailed White House occupants, our courts and Congress. Their goal is not to ‘protect’ inventors, but rather to disenfranchise, ransack and swindle them: to legalize theft of our inventions.

Don’t believe the lies of thieves. Just because they call it ‘reform’ doesn’t mean it is.

‘stolen from the United States’

‘https://finance.yahoo.com/news/ted-cruz-slams-china-as-most-significant-us-threat-212521946.html

‘stolen from the United States …desperate to make a buck’

But the technologies these multinationals are taking to China and elsewhere often are not theirs. They stole them from their small American competitors which our patent system now permits. The collapse of our patent system was engineered by many of the same large multinationals. If we stop the theft here, it cannot get there. It is not only a sizeable leak of technology via theft, but also of American jobs. When large multinationals can’t export jobs they import workers who displace Americans.

The problem is our patent system now permits and even encourages theft of our inventions. We must restore our patent system. Only then can we hope to seal our borders from the predations of multinationals and their offshore partners in crime. Trying to persuade large multinationals to act ethically by discourse alone is unlikely to be productive, but jail time for their theft of our inventions will. After all, shouldn’t theft be punished and shouldn’t grand theft be punished on a grand scale? Their only motivation is profit. To that end they have no scruples, no ethics. Often great heft comes from grand theft.

‘controversy’

‘https://fortune.com/2019/10/07/supreme-court-wont-review-apples-506-million-win-in-university-patent-case/?iid=sr-link1

‘faced controversy in the past for its aggressive assertion of its intellectual property’

It was only ‘controversy’ as far as large multinational serial infringers were concerned. In their view the only property rights that should be asserted and enforced are…their own. Don’t believe the lies of thieves and their partners in crime, including pseudo reporters who appear paid by parties reported on who never tell all sides of the issue and spin a web of lies.

We believe the time has come to create a new judicial body with final jurisdiction over patent cases, such as by splitting SCOTUS into sections with a new section and judges who have considerable experience and training in patent law that will be given all patent cases. A one size fits all court does not do the complex field of law justice, certainly not for inventors. All the present system does is legalize theft of our inventions.

The Oyster

As told in Ben Franklin’s Poor Richard’s Almanac, circa 1730’s…

Two men were walking along a road. They happened upon an oyster and soon began arguing over which of them saw it first. They decided to take the dispute to court.

After a lengthy case and trial it was determined the first man would get one half of the shell and the second man the other. The lawyers would get what was in between for their fees.

Today for inventors, taking our patent disputes to the courts, especially SCOTUS and the CAFC, has become eerily similar. We get the shell and our infringing competitors and their attorneys get what was in the middle.

We can only conclude those courts hate us and property rights -at least ours.

‘standard business procedure’

In an episode of Agatha Christie’s Poirot (S05E02 – The Underdog, 1993) at 41 minutes, an inventor describes how he was swindled by a corporation who stole his invention after pretending to have an interest in working with him so they could learn his secrets.

Similarly, one inventor had a friend who had developed a new method to streamline the processes for a large scale publisher. Once he had developed his new method and demonstrated it to them they told him they were not interested. Yet a year later he found they had adopted his method on the sly without his permission or compensating him.

This, as inventors have learned, is standard business procedure -certainly for large multinational corporations. It is the rule, not the exception. These cases illustrate exactly why a strong patent system is so crucial for inventors and small businesses. Without a strong patent system to protect America’s discoveries our shores are open to the predations of multinationals who take what they want and dare you to stop them. The present state of patent law permits and even sanctions this type of treachery. It is a national disgrace the founders would have loathed.

Great heft often comes from grand theft.

‘presumption of an injunction’

‘https://www.ipwatchdog.com/2019/09/12/senate-hearing-stronger-patents-act-highlights-sharp-split-injunctive-relief-ipr-fixes/id=113241/

“The claim that there would be uncertainty [if eBay was struck down] sounds rather odd when we have 150 years, almost 200 years, of patent cases where they applied a presumption of an injunction on the basis that this was a property right.”

We completely agree. Amen!

Don’t believe the lies of thieves and their paid puppets who tell you inventors do not have a right to their inventions, or a right to trial by jury for disputes over them. The truth is readily accessible and inescapably clear, for as James Madison wrote in Federalist No. 43 on the proposed Constitutional recognition of inventor rights, “The utility of the clause will scarcely be questioned. The copyright of authors has been solemnly adjudged, in Great Britain, to be a RIGHT of common law. The right to useful inventions seems with equal reason to belong to the inventors. The public good fully coincides in both cases with the claims of the individuals.”

As Mark Twain said, ‘truth is not hard to kill, and (that) a lie well told is immortal’.

We believe no bill will restore our patent system for inventors that does not:

1. Restore our right to injunctions as the constitution requires and as was the prior standard making them mandatory after a judgment of infringement is entered, absent exceptional circumstances.

2. Restore a broad scope of patentability so that all useful inventions are eligible as the constitution demands and as the founders intended.

3. Restore our right to trial by jury by eliminating all post issue reviews.

Without these measures they are fatally flawed and can only further damage real inventors. That is to say, they can only help our large infringing competitors.

Only then can any bill even begin to restore our patent system for inventors so that we will once again will have a realistic expectation we will be able to commercialize our inventions. Our bill includes these and also addresses the most essential of the current problems that inventors face in this patent system which is for us all but dead.

	staff on ‘loosening of patenting…
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