13

Hostile Environment For Inventors Harms Our Economy

Posted by khalling 10 years, 4 months ago to Politics
121 comments | Share | Flag

"Whether we continue to lead the world in software, or we are displaced by China is now uncertain. In
stark contrast to the U.S., China and the rest of the world have been strengthening the Exclusive Right
and the Presumption of Validity for patents in their respective countries. 46
These positive changes are
stimulating innovation in those countries and growing their economies. The U.S., unfortunately, is going
in the opposite direction. We are weakening patent protection. Today, we have more companies going
out of business than starting up for the first time in our history. If we continue down this anti-patent
road, the U.S. will no longer lead. China will.
Congress, the administration and the courts all see that the patent system as broken. They are right. It
is broken. But not for the reasons they think it is broken. The facts have been hijacked by the loud
impermeable voices of those who benefit from weak patent rights. Those negatively affected, the
inventors and the American public, cannot get a word in edgewise. If we continue to enact broad
changes under the misguided “patent troll” arguments, we can expect even greater damage to our
economy and our standing in the world.
We must go the other way. We must stop the further weakening of the U.S. patent system. Congress
must pass laws negating the effects of eBay vs. MercExchange so that a patent is again an Exclusive
Right. The Presumption of Validity must also be restored by eliminating PGO’s and other provisions of
the AIA. The misguided “abstract idea” category of patentable subject matter must be eliminated
altogether. Lastly, the PTO must be fully funded and better managed.
Without these changes – setting it back to what it was just a decade ago – we will become like all other
countries – unexceptional. Someone else will lead future technology revolutions. Perhaps that country
will be China and our generation will be known for the greatest blunder in history."


All Comments


Previous comments...   You are currently on page 5.
  • Posted by $ Thoritsu 10 years, 4 months ago in reply to this comment.
    I thought that prior use, particularly widespread use, could be used to defend against a patent. For example, Company A makes a product with technology X via a trade secret. Later Company B later patents technology X. Although Company B has a patent, Company A can defend against infringement if they have already sold products with Technology X.
    Reply | Permalink  
  • Posted by johnpe1 10 years, 4 months ago
    the associated pdf explains PGO and AIA;;; things
    really are screwed up!

    how did we get this way? . seems like the Thomas
    Edisons, the Teslas and the Wrights might have taught
    us something ....... -- j

    Reply | Permalink  
  • Posted by 10 years, 4 months ago in reply to this comment.
    Patents are not monopolies. Having a patent does not even give you the right to practice your invention. Monopolies are about industries. Having patents in an industry does not mean others can 't compete in that industry. Your examples are vague. One would have to look at the individual patent applications to determine patentability. It takes hours to look at each case. The prosecution process takes years. Most patents have to be vigorously defended against examiner 's arguments. Your statement comes off as though no one even looks at these and rubberstamps patents. Nothing could be further from the truth. And yes a b
    Novel way to slice carrots could save a company millions by maximizing product output and cutting costs
    Reply | Permalink  
  • Posted by dbhalling 10 years, 4 months ago in reply to this comment.
    Down vote -1 for purposely misrepresenting what Rand said. Do it again and I will flag your comments.

    Only honest debate is allowed here.
    Reply | Permalink  
  • 10
    Posted by Temlakos 10 years, 4 months ago
    Rand said explicitly: invention is the last profession that civilization adds and the first to go when civilization fails.
    Reply | Permalink  
  • Comment hidden due to member score or comment score too low. View Comment
  • Posted by $ jlogajan 10 years, 4 months ago in reply to this comment.
    As you quote, Rand admits that a claim of intellectual property infringes the mind, hands and physical property of all other individuals.

    Property as "creation" fails to account for a lot of property -- gifts, for example, in which the receiver had no part in their creation -- yet who disputes the receiver is the proper owner? Or found objects.

    A pioneer finds a lake and an apple tree. He declares the area his property and takes the fish and picks the apples. His property claim is indeed based on monopolization and not on creation. Creation can be a source of property, but it is ultimately monopolization that defines property.
    Reply | Permalink  
  • Posted by davidmcnab 10 years, 4 months ago
    It must be acknowledged that, of the countless wonderous inventions which we all enjoy and take for granted today, many were inspired predominantly by the financial incentive which patenting can offer. The patent system gave a win-win - time-limited monopoly, open for financial exploitation by the inventor, in exchange for the inventor relinquishing the creation into the public domain after the expiry period.

    I do have a question, however. To what level of triviality should patent protection be available? Should a chef be able to patent a new way of cutting carrots, then be able to sue any other restaurant whose chefs have independently devised the same method? Should a retailer be able to patent a business concept of a "limited satisfaction guarantee, refunding 80% of the purchase price if the item is returned in as-new condition within 30 days"?

    This, to me, is where the real debate lies - the level of triviality permitted, and the likelihood of numerous others creating the same invention independently simply by doing their jobs.
    Reply | Permalink  
  • Posted by Herb7734 10 years, 4 months ago
    Another pillar down. Soon the entire edifice will collapse.
    Reply | Permalink  
  • Posted by dbhalling 10 years, 4 months ago in reply to this comment.
    You don't seem to understand property rights. You are giving the standard Austrian Economics formulation of property rights, which is anti-Natural Rights and anti-American.

    Property Rights are not based on scarcity, they are based on creation. The law is recognizing that metaphysical fact that you are the creator. Your analogy fails as your property rights in your tree are not unlimited either, you cannot carve it into a club and beat other people over the head with it.

    Your and the Austrians' weak excuse for stealing other people's creations is morally reprehensible.

    This is not a site for irrational Austrians it is a site to explore the ideas of Ayn Rand. Here is what she had to say about property rights and patents.

    "What the patent and copyright laws acknowledge is the paramount role of mental effort in the production of material values; "

    "What the patent or copyright protects is not the physical object as such, but the idea which it embodies. By forbidding an unauthorized reproduction of the object, the law declares, in effect, that the physical labor of copying is not the source of the object’s value, that that value is created by the originator of the idea and may not be used without his consent; thus the law establishes the property right of a mind to that which it has brought into existence."

    Patents and Copyrights,”
    Capitalism: The Unknown Ideal, 130

    Also see "Any material element or resource which, in order to become of use or value to men, requires the application of human knowledge and effort, should be private property—by the right of those who apply the knowledge and effort."

    Note the Austrians' attempt to ignore the inventor created the real value and justify being second handers.
    Reply | Permalink  
  • Comment hidden due to member score or comment score too low. View Comment
  • Posted by $ jlogajan 10 years, 4 months ago
    Unlike physical property (which is inherently monopolized by its use -- two people can't eat the same apple) ideas can be replicated without limit. To assert control of an idea is to assert control of another human's mind, his hands, his materials.

    I own a tree, but you tell me I can't carve it into a shape you've already patented. I've lost the control of my physical property -- intellectual property necessarily infringes real property rights.
    Reply | Permalink  
  • Posted by 10 years, 4 months ago in reply to this comment.
    KSilver, welcome. We are are very familiar with this case and have spoken to the owner of the patents in question. I assume you are talking about the Corolla case. From your comment above, I see many flat out incorrect statements. This is the insidiousness small inventors face. The patents in question do not cover existing ideas that are out there for anyone to use. In fact, the web site designers for Mr. Corolla were particularly interested in choosing this specific technology a simple patent search could have uncovered. A license could have been easily obtained. The "patent troll" is actually the INVENTOR of the technology, who invested over 1 million of his own money and 15 years of his life. His technology has been stolen and no one fears retribution. He has limited money to take on infringers. In fact, Mr. Corolla did such a big PR job on this case Mr. Logan tried to withdraw the case-he didn't have the money to fight it. Mr. Corolla, riding the anti-patent wave said-No. So they are going to court and Mr. Logan still has a valid patent that is being infringed and he receives no revenues for Mr. Corolla's use of it. From your statements above, I know that you are mis-informed and are formulating your opinions on bad information. Please ask some questions. I will give you sound information. what I don't know I will defer to dbhalling, who is an expert in this area. The first thing you should know is that patent property rights are the most expensive, most lengthy fought right to take title to. Let's say it took 10 years and thousands of dollars to take title to your car or house and that you would have to fight every step of the way to finally own it. Inventors face this with every invention they seek to protect.
    Reply | Permalink  
  • Comment hidden due to member score or comment score too low. View Comment
  • Posted by KSilver3 10 years, 4 months ago
    While I agree that the weakening of our patent system is a major problem, I wouldn't dismiss the patent troll argument all together either. Like most things in our govt today, there seems to be a total lack of common sense. Awarding a patent for something that is already in common usage for the sole purpose of profiting from that usage is not a hard thing to fix. Did you know that a single man holds the patent for the modern "playlist"? He is currently suing Podcasters because they publish a "playlist" of content to be listened to in a stated order. By his logic in court filings, he could sue every lovesick child of the 80's for the mix-tapes we made for our girlfriends.
    Reply | Permalink  
  • Posted by 10 years, 4 months ago in reply to this comment.
    They wanted to win. They were big enough they thought they could change the rules...and they did...in their favor. To them, it's a game, to me, it is a Constitution
    Reply | Permalink  
  • Posted by 10 years, 4 months ago in reply to this comment.
    nutshell: Ebay sued for infringement, loses, then argues that an injunction should not follow. an injunction is an order to stop someone from using your property. The Supremes agreed with ebay. it's like owning a house, someone moves in to your guest bedroom, the court agrees, but they say say, as long as they are willing to pay a "reasonable" rent, you can't kick them out.
    Reply | Permalink  
  • Posted by LetsShrug 10 years, 4 months ago in reply to this comment.
    Well don't quiz me but yeah... I didn't know that about ebay... not sure I totally understand it... other companies stole their what exactly?
    Reply | Permalink  
  • Posted by 10 years, 4 months ago in reply to this comment.
    wow, you read the whole thing? I mean, we kinda have to because we support this organization, but it was LONG. He needs the powerpoint version for us to put out there.
    Reply | Permalink  
  • Posted by LetsShrug 10 years, 4 months ago
    Wow..what a mess :( I fear this is so far gone, just like everything else in this country, that the only way back is a full collapse, revolt... and a strong, moral rebuild. It's quite sickening. :(
    Reply | Permalink  

  • Comment hidden. Undo