Carly Fiorina said, “Watch carefully who is supporting that legislation.

Inventors agree. Thieves cannot be trusted. They will in the end do what thieves always do…steal and deceive.

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‘Congress took a big step in 2011, when it passed the America Invents Acts’

So say Chinese and giant multinational invention thieves and their paid PR puppets -some will say such as Titch. Don’t believe their lies. Inventors will tell you the opposite. Former Chief Judge of the CAFC Rader describes the Patent Office post grant procedures such as those established by AIA as ‘patent death squads’.

There are many problems with the present state of the patent system (please see our Position Statement). One is the obliteration of injunctions for inventors. Yet the US Constitution and our founders acknowledged the EXCLUSIVE rights of inventors.

From ‘Section 8 – Powers of Congress:
To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;’

If we cannot obtain injunctions once infringement is found we have no realistic chance at EVER commercializing our inventions. To attempt without is a fool’s errand. Any rational reading of the Constitution requires that injunctions always be issued once infringement is adjudged, except in rare instances such as where national security is jeopardized. It’s about property rights. Show us a country with weak or ineffective property rights and we’ll show you a country with a weak economy and high unemployment. Is this all starting to sound and look familiar?

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‘East Texas is ranked at the top of the U.S. Chamber of Commerce Institute…’

Consider the source. As from wikipedia…

‘ILR is affiliated with the United States Chamber of Commerce, a non-profit trade association lobbying group representing businesses and industry associations’

What is a patent troll? Don’t buy the lies and distortions of Chinese and giant multinational invention thieves.

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’. Those who use the amorphous phrase ‘patent troll’ expose themselves as thieves, duped, or doped and perpetuate the lie.

For the last several years the Chinese and large multinationals have been ransacking and looting small American entities taking everything they can carry. Those are the same multinationals who when they cant export jobs, import workers and artificially inflate their employed Americans. The fact is, many of the giant multinationals and their puppets who defame inventors in this way themselves make no products in the US or create any American jobs and it is their continued blatant theft which makes it impossible for the true creators to do so. Invention thieves well know many inventors lack the resources to enforce their patent rights so their only recourse is to sell to others who do have the resources. Otherwise, large invention thieves just thumb their noses at you and steal at will.

Prior to the Supreme Court case eBay v Mercexchange, small entities had a viable chance at commercializing their inventions. If the defendant was found guilty, an injunction was most always issued. Then the inventor small entity could enjoy the exclusive use of his invention in commercializing it. Unfortunately, injunctions are often no longer available to small entity inventors because of the eBay decision so we have no fair chance to compete with much larger entities who are now free to use our inventions -in other words, steal. Essentially, large infringers now have your gun and all the bullets. Worse yet, inability to commercialize means those same small entities will not be hiring new employees to roll out their products and services. And now those same parties who killed injunctions for small entities and thus blocked any fair chance at commercializing now complain that small entity inventors are not commercializing. They created the problem and now they want to blame small entities for it. What dissembling!

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‘I don’t think much of our portfolio is impacted by Alice’

One problem as your guest notes is that the courts haven’t quite figured out how to apply Alice -certainly not uniformly. But the problems with Alice are much more fundamental. In an interview last year retired CAFC Chief Judge Michel stated ‘I don’t know that they really understand what they’re doing’ when commenting on the SCOTUS decision. Inventors will tell you if they know, they’re certainly keeping it a secret. In the end Alice has substantially weakened and for many inventors destroyed the patent system. If we cant enforce patents we spend years fighting the Patent Office for, what’s the point of inventing anything. The rights our founders acknowledged in the Constitution have been, at least for inventors and small entities, obliterated. This is America? Now more than ever inventors need real reform, not the false so called ‘reforms’ of large multinational invention thieves.

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‘Nazan says he doubts the new patent office will have an impact…on low quality patents being issued or patent trolls’

There’s a simple reason why those who speak of ‘low quality’ patents and ‘patent trolls’ never give facts to support their bold accusations. They don’t exist.

Who funds and controls EFF? Inventors will tell you this pseudo public interest group is largely a front for what is in affect a public relations firm. They say and write what they are told by their puppet masters -large multinational firms.

The truth is ‘bad’ patents rarely occur. The PTO will grant patents, sure, but rarely do they cover anything of consequence. And to get a narrow patent an inventor must fight tooth and nail for years. The problem is not the patents that are issued, but those that are not. That is the real problem, not this fictional tale proffered by thieves and those they have duped.

Even when the rare ‘bad’ patent is issued it will rarely matter. Small entities rely on contingent firms to enforce their rights. Those law firms will go through your patent with a fine toothed comb. If they don’t believe in your patent, they will not take your case. It’s that simple. So this contrived argument of bad patents is a ruse by large invention thieves to cover up their theft and justify what they call patent ‘reform’.

speaking on the patent system and innovation… ‘I think for technology it inhibits it dramatically’

In an historically significant patent case in England in the 1800’s, in its decision the high court described the accused infringer as “an ant on the shoulders of a giant”. That inventor giant was Alfred Nobel. American inventors will tell you Cuban is one such ant.

Patents do not inhibit innovation -only theft of.

Infringers like to speak of innovation, but they never speak of invention. That’s because they rarely invent anything except slogans, but instead rely on and build their businesses on the inventions of others. They are basically horse thieves. They wait for you to establish a market then use their far greater resources to steal it from you.

This is a good time for America to reflect on the words of one of our founders and Presidents, James Madison. As he wrote in Federalist No. 43 regarding constitutionally recognized rights of inventors and that portion of the Constitution as proposed, “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.”

It’s about property rights. What could be more American.

Property rights should not only be for the rich and powerful. America’s founders: Jefferson, Franklin, Madison and others felt so strongly about the rights of inventors that they recognized and affirmed those rights to their creations and discoveries in the Constitution.

From ‘Section 8 – Powers of Congress:
To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;’

They understood the trade off. Inventors are given a limited monopoly and in turn society gets the benefits of their inventions (telephone, computer, airplane, automobile, lighting, etc) into perpetuity and the jobs the commercialization of those inventions bring. For 200 years the patent system has not only fueled the US economy, but the world’s. If we weaken the patent system as have Congress and the courts since Mercexchange, we force inventors underground like Stradivarius (anyone know how to make a Stradivarius violin?) and in turn weaken our economy and job creation. Worse yet, we destroy the American dream -the ability to prosper from our ingenuity for the benefit of our families and communities. To kill or weaken the patent system is to kill all our futures. Show me a country with weak or ineffective property rights and I’ll show you a weak economy with high unemployment. If we cannot own the product of our minds or labors, what can we be said to truly own? Life and liberty are fundamentally tied to and in fact based on property rights. Our very lives are inseparably tied to our property.