AMERICA'S GREATEST ASSET UNDER SIEGE

[UPDATED 9-5-11]

URGENT ALERT

Education and Information about Legislation Related to Independent Inventors

AMERICA'S GREATEST ASSET
UNDER SIEGE 2011

Editorial Opinion By © Stephen Paul Gnass
(The views expressed are the personal views of the author.)



From the moment we wake up, we use inventions: the coffee maker that brews our coffee, the microwave, toaster, refrigerator, as well as so many conveniences and technologies that many of us take for granted: the cellphone, TV, computer, just to name a few. Inventions and innovations are an integral part of our lives and while some make our daily lives a little easier, others have revolutionized our way of living.

What's not so obvious is that these inventions and technologies were made possible due to the foresight of America's founding fathers just over 200 years ago. In this great experiment of democracy, they created a unique patent system, called "First-to-Invent", which granted patent rights to the true inventors of innovations and inventions for a limited time duration. This grant of a limited-time monopoly on inventions, called a patent, granted to the true first inventor, has acted as the greatest form of incentive that the world has ever seen.

Our Unique U.S. "First to Invent" Patent System
- America's Greatest Asset -

The unique U.S. patent system called "First-to-Invent", was built right into the U.S. Constitution by our brilliant founding fathers, and is the vital incentive and stimulus that has helped release the innate creativity and genius of individuals in America.

The U.S. Constitution, signed on September 17, 1787, states in Article 1, Section 8, Clause 8 that Congress shall have the power:

"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."

The U.S. "First-to-Invent" patent system has spawned the greatest entrepreneurs of all time. Everyone one knows about Thomas Alva Edison and many other inventors of the 19th and the 20th century. Today, Steve Jobs is in the news because he's a co-inventor on 313 of Apple's patents. See New York Times article dated August 25, 2011.

The U.S. "First-to-Invent" patent system is the underpinning which has made America the leader in invention and technology and has given us the greatest standard of living in the world. Innovation is the driving engine that all economies are built upon.

PATENT REFORM
FIRST-TO-INVENT vs. FIRST-TO-FILE

Patent reform. It's an issue that's made it to the very top of the political agenda. It's one of the key measures that's on President Obama's tip of the tongue, that's being touted as a solution to the creation of jobs in America.

Amongst other issues in the current bills, our unique 200+ year old U.S. "First-to-Invent" patent system is under attack. The U.S. system awards patents to the "first inventor" (whether or not he has filed a patent yet), which is on the verge of being changed to the foreign "First-to-File" system which awards patents to the first entity who files a patent.

Misleading claims are being made that the U.S. patent system is antiquated and out of step with the patent laws of the rest of the world. The patent system is said to need major "reform". On the contrary, the U.S. "First-to-Invent" patent system is the underpinning which has made America the leader in invention and technology and has given us the greatest standard of living in the world. Innovation is the driving engine that all economies are built upon.

Even though America's unique "First-to-Invent" patent system is a right that's granted to citizens in the U.S. Constitution, it's on the chopping block, ready to be made into minced meat.

The official title of the current patent reform bill is "The America Invents Act", a nice sounding name for what I believe is such a damaging piece of legislation. It is bill S-23 in the Senate, and bill H-1249 in the House.

It's been attempted quite a few times before in the mid 1960s. Then again in the late 1980s through 1990s. And several times during the 2000s. Each time, strong opposition from small and medium-sized businesses, independent inventors, legal and business associations, and concerned citizens made the difference and prevented the change.

This time around the patent reform bill which includes giving up our "First to Invent" patent system has made it through both houses of Congress and is extremely close to being passed and signed into law.

The Senate approved its version S-23 in March with a 95-5 vote.
See how all Senators voted on this bill at this link.
( www.opencongress.org/vote/2011/s/35 ).

The House approved their version of the patent reform bill HR-1249 in June with a 304-117 vote.
See how all House members voted on this bill at this link
( www.opencongress.org/vote/2011/h/491 ).

Due to a conflict over certain provisions, the bills have not been reconciled yet into one that both sides have agreed with. To pass it, however, the Senate is willing to let go of their differences and vote for the House version.

Congress is currently on recess for the summer, and when they get back next Tuesday, September 6, 2011, Senate Majority Leader Harry Reid (D-NV), is pushing to make sure that patent reform is one of the first bills that they rush and push through.

Senator Reid is planning to call for a special "couture vote" on September 6th. This requests all the Senators to vote for no further debate, no further amendments, no further possibility of opposition. After that, another final determining vote would be cast on the bill.

This small period of time between now and September 6th gives those who oppose giving up the unique U.S. "First-to-Invent" patent system, an opportunity to let their voice be heard and hopefully make enough of a last minute impact to stop or at least delay the legislation from becoming law.

URGENT ALERT 9-5-11

FLASH NOTICE: Even though S.23 and H.R. 1249 have been passed by each house, they haven't been reconciled nor voted into law yet. There's a very short window of time between now and Sept 6 for you to contact your representatives if you would like to protest the patent reform.

1. Ask your SENATORS to vote "NO" on the Motion for Couture on Tuesday. Couture would stop all further debate on the bills and schedule it for a final vote. Ask them to keep the debate OPEN.
Click here to quickly find your two state Senators.

2. Ask ALL your representatives (Senators and House Reps) to vote "NO" on H.R. 1249 which will change our patent system to the foreign first-to-file.
Click here to quickly find your representative.

Click here to see INSTANT ACTION PLAN
Sending an email, fax, or making a phone call, is the absolute quickest way to get the message across, but it needs to be done right now in order to make any difference. Don't send anything by postal mail since it gets screened and can be delayed as much as weeks. Feel free to distribute this to your friends, relatives, and business associates through social media like Twitter, Facebook, blogs, etc.

CONCLUSION

The "American Dream" is about the ability of any individual, no matter what his background, to lift himself up by his bootstraps and make something of his life through dedication and being able to capitalize on his ideas, talents and skills. This is America's sacred legacy.

The U.S. "First-to-Invent" patent system, which gives equal treatment to the individual spirit - whether the lone inventor, a small company or a large corporation, not tipping the scale one way or the other, is the motivating factor that has fueled invention and entrepreneurship in America. We all benefit from the U.S. unique patent system which has provided us with an unparalleled standard of life.

In fact, most big businesses in the U.S. have their roots in an independent inventor who used the U.S. "First-to-Invent" patent system to create the company's breakthrough technology.

Small and medium-sized businesses (under 500 employees) rely on the patent system to protect their innovations. What's not widely known is that these businesses represent over 99% of all businesses in the U.S. and employ more than half of the private sector employees.

At a time when large corporations are bailing on Americans by cutting jobs here by the thousands, sometimes tens of thousands at once, and going offshore, we need to encourage and support more entrepreneurial small and medium-sized businesses who keep America employed. I believe that keeping our proven 200+ year old U.S. "First-to-Invent" patent system in place is a major component of keeping this business segment healthy.

There are many other complex issues involved with the proposed "America Invents Act". But I think that the most vital issue that will affect America's economical future and American entrepreneurs, small/medium-sized businesses, and independent inventors is the proposed change of the U.S. patent system from the successful "First-to-Invent" system to the foreign "First-to-File" process.

I believe that the proposed foreign "First-to-File" system will discourage the small entity and independent inventors by skyrocketing the costs, and making the invention process accessible only to well-financed large corporations with in-house "patent factories".

RESOURCES - GET UP TO SPEED

Here are resources that you can go to immediately and read up on the "America Invents Act".
You can also google "America Invents Act" and "patent reform".

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Here are a few videos at Inventors Voice that will help quickly give you an overview:

Calif. House Rep Dana Rohrabacker gives a Gripping Speech against Patent Reform
Video Briefing

Calif. Senator Diane Feinstein on the Importance of Keeping the U.S. First-to-Invent patent system
Video Briefing

Alec Schibanoff, American Innovators for Patent Reform on the Importance of Keeping the U.S. First-to-Invent patent system
Video Briefing

Randy Landreneau Explains How the America Invents Act will harm America
Video Briefing

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Here is a guest post by David Boundy on Patentability: A Weblog for the Intellectual Property Law Community titled "Patent Reform" and A Call To Action To Defeat the America Invents Act.
www.patentabilityblog.com/2011/04/27/guest-post-david-boundy-on-patent-reform-and-a-call-to-action-to-defeat-the-america-invents-act/

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Here is an information description by Phyllis Schlafly, the founder and president of Eagle Forum, a national organization of citizens who participate as volunteers in the public policymaking process.
www.eagleforum.org/column/2011/mar11/11-03-11.html

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PRESS ARTICLES

Patent Reform: Post Grant Review Musings
By Gene Quinn, IP Watchdog

September 4, 2011
http://ipwatchdog.com/2011/09/04/patent-reform-post-grant-review-musings/id=18981/

A Labor Day Message for President Obama
By Henry R. Nothhaft, Wall Street Journal
September 3, 2011
http://online.wsj.com/article/SB10001424053111904716604576542820083918028.html

How the new bid to reform patent law will kill jobs
By Gary Lauder, CNN Money
September 2, 2011
http://finance.fortune.cnn.com/2011/09/02/how-the-new-bid-to-reform-patent-law-will-kill-jobs/

Column: Unique U.S. patent system in peril
By Gary Lauder, USA Today
September 2, 2011
http://www.usatoday.com/news/opinion/forum/story/2011-09-01/Column-Unique-US-patent-system-in-peril/50231894/1

Businesses Split on Merits of Overhauling Patent Process

By Adam Sege - McClatchy Newspapers

8/16/11

http://www.mcclatchydc.com/2011/08/16/120932/businesses-split-on-merits-of.html

The Spoilsmen: How Congress Corrupted Patent Reform
By Zach Carter HuffPost Politics
8/4/11 Updated 8/15/11
http://www.huffingtonpost.com/2011/08/04/patent-reform-congress_n_906278.html

Reid: Patent Reform Bill On Agenda After Recess
By Gautham Nages - The Hill's Hillicon Valley
8/2/11
http://thehill.com/blogs/hillicon-valley/technology/175099-patent-reform-bill-on-senate-agenda-after-reces

How Will Patent Reform Solve The USPTO Backlog?
By Courtenay Brinckerhoff, PharmaPatents Blog
7/5/11
http://www.pharmapatentsblog.com/patent-reform/how-will-patent-reform-solve-the-uspto-examination-backlog/

Patently Absurd or: How to Go From the World's Best Patent System to Worse-Than-Most in a Single Step
By Gary Lauder, HuffPost Business
3/7/11
http://www.huffingtonpost.com/gary-lauder/patently-absurd-or-how-to_b_832703.html

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HERE ARE SOME KEY ISSUES
ABOUT THE PATENT REFORM LEGISLATION
TITLED "AMERICA INVENTS ACT":

CHANGING TO A FOREIGN FIRST-TO-FILE PATENT SYSTEM

What's so special about our current "First-to-Invent" patent system, and why will changing the system hurt the U.S.?

With the current U.S. patent laws, the inventor's idea is protected if a proper log or journal is kept proving the date of conception. This means that inventors can work on several ideas at once and patent them when they're prepared to market them. For instance, Thomas Edison worked on hundreds of ideas at a time, but only patented the ones that he was ready to market. This allows ideas to be fully developed by the time a patent is applied for.

With the foreign first-to-file system, inventors would be forced to immediately file for patents for each new idea. Patents would be filed on "half-baked" ideas due to the need to quickly file a patent first, and then subsequent patents would need to be filed on improvements to the patent as the design is developed and changed. So it would result is filing many patents on one invention. In addition to attorney's costs, inventors would also have to pay filing and maintenance fees for "each" invention for the 5 to 10 years average that it takes to market an invention.

According to a French inventor Phillip Bernes, where they have the first-to-file, he once said,

"With the first-to-file system, the inventor becomes enmeshed in a vicious circle: Before filing he cannot disclose his invention for marketing and manufacturing feasibility studies for fear that someone will steal his idea and file it with the Patent Office first. Without these feasibility studies, he doesn't know if the idea is indeed novel, can be manufactured at a reasonable cost, and is wanted in the marketplace. Without this knowledge, he risks wasting time, money and energy filing a patent application."

This would especially be harmful to inventors of significant inventions that require perhaps many years to develop and perfect before having to file a patent. Tomorrow's Edisons, Whitneys or Fords could be defeated even before they've had a chance to create their first breakthrough.

ELIMINATION OF ONE YEAR GRACE PERIOD

Currently, an inventor can publicly display his invention, and has up to one year before he has to file his patent application. It is known as a "grace period". With patent reform, this one year grace period would be eliminated.

INTERFERENCES

For decades, the elimination of "interferences" has been brought up as a key reason to change our "First-to-Invent" system. Interferences are when two inventors apply for the same invention, and a procedure for determination of who the first inventor is initiated by the patent office. However, the facts don't support these claims. In 2010, there were 219,614 utility patents granted and there were only 46 pending interference cases. One percent of all patents granted would be 2,196, so you can see that 46 interferences is significantly under 1%, it's .0002%.

According to David Boundy, Vice President and Assistant General Counsel for Intellectual Property at a well-known financial services firm in Boston MA, whose views are his own:

• All net job creation for the last 30 years comes from startups, yet this bill takes away the key features of today’s patent law that allow startups to flourish in the U.S.

• The bill's replacement provisions are similar to other countries' laws that squelch startups, with some added variations that are even more onerous:
  

• The bill creates a major "disharmonization" on the single issue that affects the most patents, the "prior art" cutoff date for obviousness. The bill sets a cutoff date that is 18 months different for the U.S. than for any other country. The bill's cutoff date selectively disadvantages U.S. inventors relative to inventors in other countries. This is a recipe for export of America's R&D jobs.

• The bill does not "harmonize" with the law of any other country. "Close but not identical" creates almost no benefit. For example, among European countries, where a treaty brings the countries' laws very close to each other, an attorney in one country is unable to give an opinion on a patent from another country, even if the words of two countries' patents are identical, because small differences in law are sufficient to defeat an attorney's ability to provide an opinion. Because the bill leaves relatively large discrepancies in place, the bill's cost savings are tiny, and will be dwarfed by transition costs. This bill does not "harmonize" enough to achieve any meaningful efficiency — it's a job killer.

• The bill takes away the primary characteristics of today's law that fosters American startups, and replaces them with provisions that benefit large companies. Today's grace period (particularly today's § 102(a) prong, which is entirely removed by the bill) lets an inventor go out and talk to people, to find investors and partners, to get a business going, before draining funds to the patent lawyers. It lets an inventor get through the trial-and-error of R&D before draining funds into patents on inventions that turn out to be duds. In contrast, in Europe, an inventor is totally locked down, and cannot talk to anyone outside the company until all patent applications are filed. This is fine for big integrated companies, it's totally unworkable for entrepreneurs and small companies that need to partner with an investor or strategic partner. It takes away the legal options that enable disruptive innovation, and replaces them with lock-ins for market incumbents. Europe has almost no startups, and this is a key reason. This part of the bill is a job killer.
  

• The language is ambiguous, and constitutionality is suspect. Years of litigation will lead to commercial uncertainty. The bill is a job killer for everyone except patent litigators.

U.S. PATENT OFFICE (USPTO) BACKLOG:

As of July 2011, the USPTO had a backlog of 669,286 patent applications waiting for examination by a patent examiner. There are 6,798 examiners. For years, the USPTO has had a huge backlog of patent applications and has been unable to hire enough patent examiners to process the quantity of patent applications that are submitted to the patent office. It currently takes an average of three years for a patent to be granted.

They say that patent reform is supposed to solve the problem of the patent application backlog.

But the real problem that causes the USPTO backlog is "fee diversion", not a lack of funds. The USPTO does not receive taxpayer support so it is funded only by the fees paid by patent applicants. However the fees are collected by Congress, then a "budget" is given to the USPTO, and the balance is used for other projects by Congress.

If the USPTO were allowed to keep all of the fees that it collects from the patent applicants, it would be able to hire enough patent examiners to handle the backlog.

The H.R. 1249 bill does nothing to address this key problem of fee diversion in the patent system. It will permit continued fee diversion, and the Super Committee makes it a near certainty.

S.23, the bill the Senate passed in March, gained majority support because of Sen. Coburn’s amendment to end this fee diversion. However H.R. 1249 is essentially identical to current law.

Ending fee diversion is the solution, not changing the U.S. "First-to-Invent" patent system to first-to-file.

PERMITTING DECEPTIVE INTENTION:

The new bill repeals all of the requirements that inventors and attorneys act "without deceptive intention" when dealing with the Patent Office. How can permitting "deceptive intention" be good for the system?

PENALIZE COMPLEX INVENTIONS WITH FEES:

The bill gives the USPTO the power to set fees to penalize complex inventions. Today's law sets fee levels that increase proportionally to the Patent Office's costs of examining applications. The Patent Office has long sought to limit the complexity of patent applications — the USPTO proposed a statutory change in 2003 to have fee levels rise far faster than examination complexity, and proposed regulations in 2006-09 that would have capped the complexity of the inventions that could be patented. The statute should not give the PTO discretion to discriminate against complex inventions. This is a job killer.

I agree with what Courtenay Brinckerhoff said in her blog post, "How Will Patent Reform Solve The USPTO Backlog?", that the new patent reform will create new problems and costs in having to train patent examiners with the foreign patent system, as well as challenges in implementing the changes.
(see article in Press Articles section):

"Many of the provisions of the patent reform bills will complicate proceedings at the USPTO, at least over the next several/many years it will take to understand what the provisions actually mean. If the Leahy-Smith America Invents act is passed, the USPTO will have the first stab at interpreting its many new substantive provisions when it promulgates rules to carry out the changes.

From a logistical perspective, the USPTO will have its work cut out for it if and when patent reform becomes a reality. The USPTO will have to study the law, promulgate regulations, train its personnel on the "first to invent" provisions and the derivation and post-grant review proceedings (among other changes), and educate the public. The USPTO will need every penny of its user fees in order to take on these new responsibilities while still maintaining its daily operations."

URGENT ALERT 9-5-11

FLASH NOTICE: Even though S.23 and H.R. 1249 have been passed by each house, they haven't been reconciled nor voted into law yet. There's a very short window of time between now and Sept 6 for you to contact your representatives if you would like to protest the patent reform.

1. Ask your SENATORS to vote "NO" on the Motion for Couture on Tuesday. Couture would stop all further debate on the bills and schedule it for a final vote. Ask them to keep the debate OPEN.
Click here to quickly find your two state Senators.

2. Ask ALL your representatives (Senators and House Reps) to vote "NO" on H.R. 1249 which will change our patent system to the foreign first-to-file.
Click here to quickly find your representative.

Click here to see INSTANT ACTION PLAN
Sending an email, fax, or making a phone call, is the absolute quickest way to get the message across, but it needs to be done right now in order to make any difference. Don't send anything by postal mail since it gets screened and can be delayed as much as weeks. Feel free to distribute this to your friends, relatives, and business associates through social media like Twitter, Facebook, blogs, etc.

PATENT REFORM 2011 - VIDEO BRIEFING - House Rep Dana Rohrabacher; Senator Diane Feinstein on Keeping the 200+ U.S. Patent System "First to Invent"

[Updated 9-3-11]

House Rep Dana Rohrabacher gives a Gripping Speech against Patent Reform




Senator Diane Feinstein to Congress on How Changing the 200+ U.S. Patent System from "First to Invent" to "First to File" Will Hurt the U.S.

In this amendment that Senator Diane Feinstein proposed to the Senate, she provides an excellent explanation about how changing the 200+ U.S. Patent System from "First to Invent" to "First to File" will hurt the U.S.



Ironically, she supports all the other issues in Senate Bill S.23 which will hurt independent inventors. Although she supported this amendment to keep our "First to Invent" patent system, sadly the amendment was voted down by the Senate, and even more sadly, then she voted in favor of S. 23 which included the damaging change to a "First to File" system! Senate Bill S. 23 was voted in with a huge margin of 95 "yes" votes to only 5 "no" votes. However, most bills never make it through both the Senate and House, so this should not be discouraging.

The inventors voice has made a difference in the past 40 to 50 or so years that attempts have been made to change our effective "First to Invent" patent system. And you can make a difference now. Be sure to contact your two Senators and House Rep. and let them know your view on this. See the INSTANT ACTION PLAN on how you can do this easily within a few minutes.

PATENT REFORM 2011 - VIDEO BRIEFING - Alec Schibanoff, American Innovators for Patent Reform; Randy Landreneau

[Updated 9-3-11]

NO on "America Invents Act" aka Patent Reform Act of 2011 S.23 and H.R. 1249

American Innovators for Patent Reform

In this position statement by Alec Schibanoff, Executive Director of American Innovators for Patent Reform, he gives an excellent and concise recap about how the Patent Reform Act of 2011 will hurt small businesses, innovators, and independent inventors in the United States by changing from "First to Invent" to "First to File". There are other issues in the bill which will hurt independent inventors which are highlighted in this Video Briefing. Take a few minutes to learn about this important issue (it's under 7 minutes) and how it can affect your inventing path.



Randy Landreneau

Randy provides a straightforward explanation of how the proposed patent reform will hurt inventors and America.

PATENT REFORM 2011 - ACTION PLAN - What You Can Do To Maintain Inventors' Rights

[UPDATED 9-3-11]

Ask Your Senators to vote "NO" on H.R. 1249 known as the "AMERICA INVENTS ACT" formerly known as Patent Reform Act.

Note: A bill must be introduced into both the House and the Senate, then it must be approved by a majority of both the House and the Senate, before finally being signed into law by the President. ( For more details about how a bill becomes law, click here.) If either the House or Senate rejects a bill, the bill is dead.

The Senate passed bill S. 23 on March 9, 2011 by a huge margin of 95 "yes" vs. only 5 "no".
See how all Senators voted on this bill at this link.
( www.opencongress.org/vote/2011/s/35 ).

The House passed bill H.R. 1249 on June 23, 2011 by a margin of 304 "yes" vs. 117 "no".
See how all House members voted on this bill at this link.
( www.opencongress.org/vote/2011/h/491 ).

In our opinion, many inventors are not aware of the proposed patent changes, and the voice of the independent inventor has not been heard in Washington D.C. You can make a difference! The tipping point can be as few as 100 people contacting their senators to turn the tide!

URGENT ALERT 9-3-11

FLASH NOTICE: Even though S.23 and H.R. 1249 have been passed by each house, they haven't been reconciled nor voted into law yet. There's a very short window of time between now and Sept 6 for you to contact your representatives if you would like to protest the patent reform.

1. Ask your SENATORS to vote "NO" on the Motion for Couture for H.R. 1249 on Tuesday. Couture would stop all further debate on the bills and schedule it for a final vote. Ask them to keep the debate OPEN.
Click here to quickly find your two state Senators.

2. Ask all your Senators and Representatives to vote "NO" on H.R. 1249 changing our patent system to the foreign first-to-file.
Click here to quickly find your Representative.

Making a phone call is best. Sending a fax is next. Sending an email last. These are the absolute quickest ways to get the message across, but it needs to be done right now in order to make any difference. NOTE: Don't send anything by postal mail since it gets screened and can be delayed as much as weeks.

HAVE NO TIME TO WRITE A LETTER OR MAKE A CALL?
CLICK HERE TO SIGN A QUICK PETITION

Please distribute this to your friends, relatives, and business associates through social media like Twitter, Facebook, blogs, etc.

If your voices can succeed in at least postponing the bill, this will give everyone more time to look at the other issues that we believe will also stifle the development of intellectual property developed by independent inventors and small/medium-sized businesses in the U.S.

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Index:
1. Sample Guide/Outline of How to Write a Message
2. Who to Contact
3. Chain Protest Viral Email Approach: The Power of Multiplication

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1. SAMPLE GUIDE/OUTLINE OF HOW TO WRITE A MESSAGE:

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Note: If possible, try to be original with your message so that they don’t all sound exactly the same. The following only gives you a general idea of what to write. Please be polite, rational, respectful, and professional, and refrain from using profanities and/or negative, emotionally charged comments.

NOTE: YOUR MESSAGE DOESN'T NEED TO BE LONG, JUST BE CLEAR AND TO THE POINT. THE GUIDE BELOW COVERS THE BASICS.

IMPORTANT: You MUST include your name and address in your Congressional correspondence because emails or letters without a full U.S. street address will not be read.

(First, State who you are:)
Dear Honorable (name),
My name is (John or Jane Smith) and I'm an (entrepreneur, independent inventor, person with a new idea, small business owner, product developer, etc.). I've been inventing for (x) years, etc. (feel free to add more of your own personalized information here.)

(Next, State your position:)
I am writing to let you know that I just became aware of the proposed patent changes and I strongly oppose bill (enter here), known as the H.R. 1249 America Invents Act of 2011.

(Then, State your views and opinions:)
(sample only, please write your own) I understand that the meetings for these proposed patent changes have been dominated by large corporations, and lack appropriate representation by the small businesses, independent inventors, inventor organizations, and the independent inventor community at large.

I believe that if passed, the H.R. 1249 the America Invents Act of 2011 will affect my own ability, as well as other independent inventors, small businesses and innovators, to profit from their inventions and innovations in the future. I believe that making such major changes to the U.S. patent system will impact our economy in a negative way, by removing incentives to invest in innovation e.g., capitalizing on the development, creation and marketing of intellectual property.

(Last, State the conclusion:)
Any one of the issues in bill “(enter here)”, alone, would be a major change to the U.S. patent system that could negatively affect inventors from being granted a patent. Many of the proposed changes in the two bills are tied-in to the worldwide “first-to-file” system. This first-to-file “package of issues", will destroy the intrinsic incentives and original intention of the U.S. 200+ year old patent system, the“First-to-Invent” which favors the creator i.e. inventor.

The U.S. patent system, created by our founding fathers, has been in place for over 200 years and I believe it has been a major catalyst to making the U.S. one of the greatest countries in the world and a leader in the creation of technology and innovation. A strong patent system that supports incentives for independent inventors, that has a level playing field for corporations and entrepreneurs will encourage the spirit of achievement that made this country great.

Please vote "NO" on COUTURE for H.R. 1249 and "NO" on bill H.R. 1249 for the America Invents Act of 2011 and maintain the genius of our founding fathers to keep the 200+ year old "First-to-Invent" system in place.

Respectfully yours,
(your name)

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SOURCE: GOVTRACK.US
Tips for Communicating with Congress
Here are some excellent tips, be sure to read them to make sure that your message makes a difference!

Here's a good information web site with "Frequently Asked Questions" about Contacting the Congress
www.contactingthecongress.org/about.html

Back to top

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2. WHO TO CONTACT:

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YOUR THREE (3) STATE REPRESENTATIVES:

Contact your (2) senators for your state.

U.S. Senate:
Find your state's senators by entering your state at:
http://www.senate.gov/general/contact_information/senators_cfm.cfm
It'll bring up a quick form that you can fill out and email to them!

U.S. House:
Find your state's representatives by entering your state at:
http://www.house.gov/house/MemberWWW_by_State.shtml
It'll bring up a chart of the states, click your state, and it'll bring up the web sites for your House representatives. Then look for the email form to contact your representatives.

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If this is all you have time for, then you're done! But if you have a few more minutes to contact up to a few more individuals, the impact will be much greater.

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SENATE MAJORITY LEADER WHO CALLED FOR THE COUTURE VOTE

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Senator Reid is calling for the Senators to vote on the Motion for "Couture" which means there would be no further debate, amendments, comments, or opportunity to oppose the patent reform. That's why it's important for him to receive a copy of your letter.

THE HONORABLE HARRY REID (D-NV)
TITLE: Senate Majority Leader
Address: United States Senate
522 Hart Senate Office Building
Washington, DC 20510
Phone: 202-224-3542
Fax: 202-224-7327
Email Form: http://reid.senate.gov/contact/index.cfm

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CHAIRMEN OF THE HOUSE AND SENATE COMMITTEE WHO "INTRODUCED" THE BILLS

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These next two contacts are the Chairmen of the House and Senate Committees who "introduced" the bills. It's important that everyone contact these individuals!

THE HONORABLE PATRICK LEAHY (D-VT)
Title: Chairman, U.S. Senate Committee on the Judiciary
United States Senate
Address: 437 Russell Senate Building
Washington DC 20510
Phone: (202) 224-4242
Email Form: http://leahy.senate.gov/contact/
Web site: leahy.senate.gov

THE HONORABLE LAMAR SMITH (R-TX21)
Title: Chair, House Committee on the Judiciary: Courts, the Internet, and Intellectual Property
Address: 2409 Rayburn House Office Building
Washington, D.C. 20515
Phone: (202) 225-4236
Fax: (202) 225-8628
Web site: http://lamarsmith.house.gov/
Email: https://lamarsmith.house.gov/Contact/default.aspx

ALSO CONTACT THE FOLLOWING (2) KEY INFLUENTIAL DIGNITARIES IN WASHINGTON D.C.

The U.S. Patent Office is run by the U.S. Department of Commerce. So contacting the U.S. Secretary of Commerce as well as contacting the Director of the Patent and Trademark Office will help alert the top two U.S. officials related to the patent office, that independent inventors do not agree with the proposed patent changes.

THE HONORABLE GARY LOCKE
Title: U.S. Secretary of Commerce
U.S. Department of Commerce
1401 Constitution Ave., NW
Washington, DC 20230
Phone: (202) 482-2000
Email: %%%TheSec@doc.gov
(Note: remove the three percentage characters [%%%] from the email address, they were added to prevent spam.)

THE HONORABLE DAVID KAPPOS
Title: Under Secretary of Commerce for Intellectual Property, and Director of the United States Patent and Trademark Office (USPTO)
600 Dulany St,
Alexandria, Virginia 22314
571-272-8600
571-273-0464 FAX
Email: %%%jennifer.rankin_byrne@uspto.gov (Send Attn: David Kappos c/o Jennifer Rankin, Press Relations)
(Note: remove the three percentage characters [%%%] from the email address, they were added to prevent spam.)

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3. CHAIN PROTEST EMAIL BLITZ: THE POWER OF MULTIPLICATION

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PLEASE TWITTER THIS, RE-TWITTER THIS, FACEBOOK THIS, BLOG THIS.....

I believe that many inventors haven’t been aware about the proposed patent changes, and thus the voice of the independent inventor hasn’t been heard in Washington D.C. So the “Tipping Point” doesn’t require that many individuals, probably as few as 50 to 100 can make the difference and change the direction to defeat any bills. Certainly if thousands, or more, inventors contact our representatives, the independent inventor will surely be acknowledged.

So be sure to email other individuals that you know, who should also let their voice be heard on these important issues. Become an "email-activist" by emailing as many people as you can and asking them to also send an instant email. If, for example, you send out 10, your 10 emails can quickly multiply to 100, then 1000, 10,000, 100,000 and so on. This is a positive way to use the chain letter/networking concept for a good cause, and was the successful approach used by our founding fathers (well with letters, not emails!).

If you can also find time to call the office of your senators and representatives, in addition to the emails, it will add much more impact to your effort.

REMEMBER...
1) Contacting your two Senators and your local House Representative is the most important right now.
2) Also sending this out to friends, family and small businesses owners, small business networks etc. , be creative.

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4. KEEP INFORMED:

To receive updates, please check back regularly in to the Inventors' Voice blog at inventorsvoice.blogspot.com.

INVENTORS' VOICE TM. 8306 Wilshire Blvd., Ste 391 Beverly Hills, CA 90211 / 800 458-5624 / inventorsvoice@inventionconvention.com / inventorsvoice.blogspot.com

Copyright 2011. Stephen Paul Gnass. All Rights Reserved.

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PATENT REFORM 2011 - Bill S. 23 and HR.1249 Specific Information "America Invents Act"

Note: The final version of Senate Bill number S.23 has newly been titled the "America Invents Act" from the previous name "Patent Reform Act of 2011". Unfortunately it was passed by the Senate on March 8, 2011 by a margin of 95 "yes" vs. only 5 "no".

House Bill number H.R. 1249 was passed on June 23, 2011 by a margin of 304 "yes" vs. 117 "no".

THOMAS, LIBRARY OF CONGRESS
THOMAS was launched in January of 1995, at the inception of the 104th Congress. The leadership of the 104th Congress directed the Library of Congress to make federal legislative information freely available to the public. You can check bills, resolutions, activity in Congress, the Congressional Record, schedules, calendars, committee information, etc.

• Bill S. 23 STATUS at THOMAS. In the home page, in the box that says "Search Bill Summary and Status", click the "Bill Number" button and enter "S. 23" in the box. Then press the SEARCH button.

• Bill H.R. 1249 STATUS at THOMAS. In the home page, in the box that says "Search Bill Summary and Status", click the "Bill Number" button and enter "HR 1249" in the box, then press the SEARCH button.

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GOVTRACK.US
GovTrack.US is a private site that tracks the U.S. government, drawing its information from the THOMAS web site. The layouts are easier to view and understand, though the information may be delayed a little. It's an excellent web site.

OVERVIEW OF BILLS

• S.23: See an OVERVIEW of Bill S. 23 [at GovTrack.US]
• H.R. 1249: See an OVERVIEW of Bill H.R. 1249 [at GovTrack.US]

SUMMARY OF ISSUES IN BILLS

• S. 23: Read a SUMMARY OF ISSUES in Bill S. 23 [at GovTrack.US]
• H.R. 1249: Read a SUMMARY OF ISSUES in Bill H.R. 1249 [at GovTrack.US]

HOW CONGRESSMEN VOTED

• S.23: See HOW SENATORS VOTED on Bill S. 23 Which Passed the Senate on March 8, 2011
• H.R. 1249: See HOW REPRESENTATIVES VOTED on Bill H.R. 1249 Which Passed on June 23, 2011
  

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MAPLight.org

MAPLight.org, a nonprofit, nonpartisan research organization, provides citizens and journalists the transparency tools to shine a light on the influence of money on politics. Elected officials collect large sums of money to run their campaigns, and they often pay back campaign contributors with special access and favorable laws. This common practice is contrary to the public interest, yet legal. MAPLight.org makes money/vote connections transparent, to help citizens hold their legislators accountable. MAPLight.org is nonprofit and nonpartisan.

CONNECTIONS

• S.23: View the CONNECTIONS between how the Senators voted on S. 23, and the financial contributions that they received connected to special interest groups that are for or against this bill.

• H.R. 1249: View the CONNECTIONS between how the Senators voted on H.R. 1249 and the financial contributions that they received to special interest groups that are for or against this bill.

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READ AND REVIEW THE ENTIRE BILLS IN PDF

BILL S. 23

• S.23: Read and/or download the ACTUAL ENTIRE BILL S. 23 in PDF Format

BILL H.R. 1249

• H.R. 1249: Read and/or download the ACTUAL ENTIRE BILL H.R. 1249 in PDF Format

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THE ADMINISTRATION'S POSITION ON S.23

• Read the Administration's February 28, 2011 Press Release in Support of S.23 Patent Reform Act of 2011.
  

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THE U.S. PATENT AND TRADEMARK OFFICE POSITION ON S.23

• Read the USPTO's March 8, 2011 Press Release in Support of S.23 Patent Reform Act of 2011 USPTO Urges Senate to Pass the America Invents Act
  

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U.S. PATENT LAWS

• Read and/or download the current patent laws from the U.S. PTO web site in PDF format

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(PDF format files can be viewed with Adobe Reader.)
Download Adobe Reader for Free Here

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PATENT REFORM 2011 - IN THE NEWS

PRESS COVERAGE

[UPDATED 9-5-11]

INTRODUCTION:
“Any one of the proposed issues, alone, would be a major change to the U.S. patent system. Currently, arguments by those supporting or opposing the current changes, seem to be focusing on a few issues related to infringement, calculating damages for infringement, and injunctive relief, which are critically important. But many of the proposed changes in the Patent Reform Act of 2011, now called the "America Invents Act of 2011" are tied-in to the worldwide “first-to-file” system. This first-to-file “package of issues” , along with the infringement issues, will destroy the intrinsic incentives and original intention of the U.S. 200+ year old patent system. A change to “first-to-file” will be detrimental to the independent inventor, our economy and our standard of living."
--Stephen Paul Gnass

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Note: Articles are listed in descending chronological order, with the most recent first.

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A Labor Day Message for President Obama
By Henry R. Nothhaft, Wall Street Journal
September 3, 2011
http://online.wsj.com/article/SB10001424053111904716604576542820083918028.html

How the new bid to reform patent law will kill jobs
By Gary Lauder, CNN Money
September 2, 2011
http://finance.fortune.cnn.com/2011/09/02/how-the-new-bid-to-reform-patent-law-will-kill-jobs/

Column: Unique U.S. patent system in peril
By Gary Lauder, USA Today
September 2, 2011
http://www.usatoday.com/news/opinion/forum/story/2011-09-01/Column-Unique-US-patent-system-in-peril/50231894/1

Businesses Split on Merits of Overhauling Patent Process

By Adam Sege - McClatchy Newspapers

8/16/11

http://www.mcclatchydc.com/2011/08/16/120932/businesses-split-on-merits-of.html

The Spoilsmen: How Congress Corrupted Patent Reform
By Zach Carter HuffPost Politics
8/4/11 Updated 8/15/11
http://www.huffingtonpost.com/2011/08/04/patent-reform-congress_n_906278.html

Reid: Patent Reform Bill On Agenda After Recess
By Gautham Nages - The Hill's Hillicon Valley
8/2/11
http://thehill.com/blogs/hillicon-valley/technology/175099-patent-reform-bill-on-senate-agenda-after-reces

How Will Patent Reform Solve The USPTO Backlog?
By Courtenay Brinckerhoff, PharmaPatents Blog
7/5/11
http://www.pharmapatentsblog.com/patent-reform/how-will-patent-reform-solve-the-uspto-examination-backlog/

Patently Absurd or: How to Go From the World's Best Patent System to Worse-Than-Most in a Single Step
By Gary Lauder, HuffPost Business
3/7/11
http://www.huffingtonpost.com/gary-lauder/patently-absurd-or-how-to_b_832703.html

March 9, 2011 National Journal
By Josh Smith

House to Introduce 'Similar' Patent Reform Bill This Month

The House of Representatives will introduce its own version of patent reform legislation sometime this month, said House Judiciary Chairman Lamar Smith, R-Texas.

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March 9, 2011 National Journal
By Josh Smith

Patent Bill Passes Senate, House Hurdles Lie Ahead

...The bill gathered wide, bipartisan support in the Senate, but the path ahead remains unclear. Several powerful business groups, as well some conservative activists, are opposed to some of the measure's provisions...

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March 3, 2011 National Journal
By Josh Smith

Patent Debate Produces Odd, Bipartisan Alliances

Sen. Dianne Feinstein, D-Calif., introduced a promised amendment with the support of Senate Majority Leader Harry Reid, D-Nev., that would preserve the current U.S. system of issuing patents to whoever invents an item first. Under Leahy's proposed America Invents Act, patents would be awarded to the first person to file a patent application, even if someone else invented the item first.

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February 28, 2011 The Huffington Post
Small Business America - By Jim Abrams

Patent Law Could Get Huge Overhaul Under New Bill

The patent system hasn't changed much since 1952 when Sony was coming out with its first pocket-size transistor radio, and bar codes and Mr. Potato Head were among the inventions patented. Now, after years of trying, Congress may be about to do something about that.

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February 28, 2011 Yahoo News
By JIM ABRAMS, Associated Press

Congress takes up major change in patent law

The Senate is taking up the Patent Reform Act, which would significantly overhaul a 1952 law and, supporters say, bring the patent system in line with 21st century technology of biogenetics and artificial intelligence.

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Patent Reform 2007 - Guest Commentary - Are You Aware that Congress is Mulling over Crippling Your Ability to Fend off Patent Infringement?

By Guest Contributor
Mark David Torche, Esq.
Patwrite LLC
An Intellectual Property Law Firm
www.patwrite.com

Editor's Note: While S1145 (The Patent Reform Act) has been officially taken off the schedule of the U.S. Senate for 2008, it doesn’t mean that the issue is dead! It could be slipped through without warning after the elections, and it’s sure to be re-introduced in 2009 under a new bill number or title. After all, attempts to change the U.S. unique patent system have been going on for more than 30 years, but have been the most intense since the late 80’s through now, popping up under different bill numbers and titles. So Mark’s article is very important for you to read about how the issue of damages apportionment in infringement cases will negatively affect independent inventors’ rights. In addition, be sure to read this blog post that summarizes the status of The Patent Reform Act.
A complete waste of time that has weakened the US patent-owning communities

Are You Aware that Congress is Mulling over Crippling Your Ability to Fend off Patent Infringement? What Are You Going to do about it?

Individual inventors stand to lose big if the Patent Reform Act (PRA) passes the Senate. It has already passed the House of Representatives.

What's the Big Deal? I would be glad to explain, but first let me ask you a question. What has traditionally protected patent pending inventions from a greedy, well financed infringer?

Answer: If a patent issues, the inventor can bring suit against the infringer with the threat of triple damages as well as legal fees. Of course the inventor has to prove that the infringer intentionally infringed in order for this penalty to apply.

Why is this so significant?

Present patent law provides the poorly financed inventor the means to take on a well-financed corporation transgressor- if the patent holder has a good case. A legal firm will take the case on a contingency basis anticipating recovering their costs by winning.

Present patent law is a powerful deterrent to infringement. Even the largest of corporations must carefully consider before they start producing a patent pending invention. Big business does not like this threat. They would love to be able to do what they please and pay as little as possible for a new invention.

And that is why we find corporate lobbyists whispering in the ears of Senators about patent reform. Right now, the Senate is considering The Patent Reform Act (PRA). S1145 would effectively end this threat of triple damages and basically eliminate the ability of under-financed inventors to fend off infringers.

The PRA practically eliminates triple damages and legal fees - replacing these provisions with "reasonable royalties." This means that even if an infringer loses, they would simply be ordered to pay what they would have paid if they had legally licensed the invention in the first place.

While this may sound reasonable on the surface, the consequences of the legislation effectively makes it open season on individual inventors. Individual inventors likely cannot afford legal action and they won’t be able to attract an attorney because the financial incentives have been stripped away.

Therefore, the infringers' risk of losing is minimal. Hmm, do you think this might encourage corporations to gamble on infringement with so little to lose? Do corporations ever do anything unethical? Do you feel as an individual inventor threatened under these circumstances?

I am not against big business and they owe a duty to their stockholders to maximize profit. But we cannot let our elected leaders tip the balance of fairness against the individual inventor. The rights of the individual to the "pursuit of happiness" and every individual American having the legal rights to protect and profit from his or her dreams and efforts are the very foundation of the American way of life and our System of Government.

And look in the mirror. If you are an inventor, this will affect you. We cannot let corporations influence our elected officials into making this fundamental error. We need to fight back. We must protect every American’s right to profit from their own labors. You must protect your own interests.

And I am not a litigator. I am not standing here worried about my wallet in all this. I am just a lawyer who works day in and day out to help inventors protect their inventions from those who would try to infringe.

But I certainly understand the critical role that my litigator brethren provide as a countervailing force against powerful and well financed companies who might be tempted to abuse your patent rights. I am sure most Americans understand.

Does anybody need a stark example? Anybody here remember Frank Kearns? In 1963 Kearns offered Ford Motor Company his patented intermittent wiper assembly. Ford decided to offer intermittent wipers on select Mercury models in 1969, but then changed their mind and decided to create their own in-house device.

Here is the clinker.

Kearns first refused to tell Ford how the device worked, but ended up obligated to describe the functions because wipers are a safety device on a car. Just a few months later, Kearns was notified that Ford had changed its mind. They were going to produce their own device in house.

Shortening the story, Kearns moved on to a job with the National Bureau of Standards.
But in 1976, he disassembled a wiper control from Ford. Guess what he found., Yup he found basically his own invention.

Kearns immediately had a nervous breakdown, fled his home, and spent time under medical care. When Kearns reappeared, his hair had turned white.

Just stop and put yourself in his shoes. Can you imagine the sense of betrayal and sense of being abused? How much more helpless would Kearns have felt if he had lived under the provisions of the Patent Reform Act? Where might you find yourself if this current legislation passes?

Well, Kearns sued and won millions. It fact he litigated for years. He won millions and spent millions on legal fees. It is a long, harrowing story. A very good account can be found at www.americanheritage.com

What can you do? What should you do?

I suggest you immediately call your state senators and let them know how you feel. Do yourself a favor. Do every American a favor. Support the rights of Americans to follow their dreams and to continue to have the ability to protect their dreams from patent interlopers.

Why don't you contact your senator right now.

And pass this information on to others. We need all the help we can get.

Patent Reform 2007 - Urgent Alert - TIME SENSITIVE: YOUR RIGHT TO INVENT IS AT STAKE! OBJECTIVE: KILL BILL!

By Stephen Paul Gnass

Teetering in the balance, hanging by the barest of threads, are your inventor rights, and the rights of future generations of inventors and citizens born in the USA to create, invent and benefit/profit from their/your inventions and intellectual property. This issue is really that serious.....

PATENT REFORM ACT OF 2007:
There are two bills under the title of the “Patent Reform Act of 2007” that are being voted on right now in Congress. One already passed the House, bill H.R. 1908, and the other one is in the Senate and is on the verge of being voted on anytime, now. The Senate’s version of the same bill is titled S. 1145 and all indicators look like it will pass.

The rights granted to “individuals” as stated in the U.S. Constitution will be expunged.

The U.S. Constitution, signed on September 17, 1787, states in Article 1, Section 8, Clause 8 that Congress shall have the power:

"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."

The patent laws regarding how individuals will obtain patents and the patent process are being fundamentally changed which will impede independent inventors. This is being done with little or no input from inventors, inventor organizations, or the invention community at large.

KILL BILL! S. 1145:
With a couple of mouse clicks and a few minutes of your time, you could make the pivotal difference (the tipping point can be as few as 100 people contacting their senators to turn the tide) to Kill Bill!: S. 1145. I’ve made this really easy for you to reply to your senators. I’ve created a sample email guide/outline, and an EZ, simple and quick way to find your Senators and congressmen.

FIRST-TO-FILE:
Any one of the issues in bill “S. 1145”, alone, would be a major change to the U.S. patent system that could negatively affect inventors from being granted a patent. Many of the proposed changes in the two bills are tied-in to the worldwide “first-to-file” system. This first-to-file “package of issues” , along with the infringement issues, will destroy the intrinsic incentives and original intention of the U.S. 200-year old patent system, the“First-to-Invent” which favors the creator i.e. inventor.

ELIMINATING THE LEVEL PLAYING FIELD:
If you’ve ever played tennis, it would be as if the inventor’s side of the tennis court was designed on a pitch (a slant), but multinationals would have a normal level court. Who do you think is going to win the tennis match when the court has been designed with the idea that it’s not a level playing field? With these proposed bills, this is what would happen - the gutting of the U.S. patent system.

PLEASE TAKE ACTION NOW!:
You must make your voice heard NOW in order to stop the bills. This is TIME SENSITIVE. Your action is needed NOW! Please click here for INSTANT ACTION PLAN.


PLEASE SPREAD THE MESSAGE:
This issue affects all citizens, not just inventors, as well as future generations. Even if someone you know isn’t an inventor today, everybody gets ideas at some point in their life. It’s important to maintain the rights of the inventor, which was written into the U.S. Constitution by our forefathers, for all Americans.

Email your mothers, fathers, brothers, sisters, relatives, friends, etc. to spread the word through an email viral approach. If you have any questions at all, feel free to email us and we’ll get back to you as soon as we’re able to.

Sincerely,
Stephen Paul Gnass

Patent Reform 2007 - Guest Commentary - The REAL Purpose of S.1145/H.R.1908 Patent “REFORM” Legislation

By Guest Contributor
George Margolin
Vice President, Professional Inventors Alliance

“Not a single section in this proposed legislation is for improving the patent system! And NONE OF THEM are directed at reducing the massively INCREASING, backlog of PENDING Patent Applications. ALL of them are designed to spread Web based Land Mines to cripple American patents and Inventors, while REDUCING THE EXPOSURE OF INFRINGERS! This, CLEARLY, cannot help the people who created the jobs and wealth that make America the most creative technological engine the world has ever known! And it would ABSOLUTELY, POSITIVELY, DESTROY AMERICA’S TECHNOLOGICAL SUPERIORITY!” (Retired Bell Labs Patent Attorney)

S.1145 was RUSHED THROUGH COMMITTEE, before the Senators could DISCOVER that Nothing in it helps American Inventors or Invention or Innovation. And NOTHING IN IT is Good for America! It will only benefit its Gargantuan Goliath Trans-National sponsors!

As a long time Professional Inventor, I can assure you that this bill will be a DISASTER for American Technology, as was shown in the FORTUNE article .

THIS LEGISLATION WOULD DESTROY OUR PATENT SYSTEM and ECONOMY!

S.1145 Doublespeak legislation is NOT designed to solve problems with the patent system. It is craftily crafted to PROTECT the sponsoring multi-national corporations from the consequences of “borrowing” -- without recompense, the Inventive Property of creative American small businesses, universities and independent inventors! These, together, create virtually ALL OF THE BREAKTHROUGH INVENTIONS WHICH MAKE AMERICA GREAT!

This Legislation would provide a clear path for countries like CHINA to usurp even MORE of our manufacturing power – including America’s mainstay automotive and Electronic industries. NO MANUFACTURING -- NO PAYROLLS – AND A DYING AMERICAN ECONOMY!

WHY THE AMERICAN PATENT SYSTEM WORKS

The purpose of the American patent system is to grant a limited, short term, monopoly if an inventor FULLY describes his or her invention. The Patent Application description of the invention is to advance the art and TEACH it so that other Americans can build upon it. The purpose is NOT to SELL products. THAT is the purpose of our time tested, successful patent system.

BUT because the Patent Office is DISMALLY UNDERSTAFFED AND UNDER FUNDED – it is INCAPABLE of EXAMINING THE INCREASING FLOOD OF PATENT APPLICATIONS. Because of this -- patent application pendency is now about 800,000! In plain English – that is Eight Hundred THOUSAND applications BEHIND – and getting further behind every day. So IF the USPTO were to accept NO NEW APPLICATIONS – it would take more than FIVE YEARS to complete them with the examining staff currently on board.

S.1145 WILL ABSOLUTELY MAKE THE BACKLOG WORSE!

George Margolin
Vice President – Professional Inventors Alliance
inventor@piausa.org

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Patent Reform 2007 - What are the Issues in Bill S. 1145?

NOTE: This sections will be updated with more issues, so please bookmark this page and check back in.

Introduction

Any one of the issues in S. 1145, alone, would be a major change to the U.S. patent system. Many of the proposed changes in the Patent Reform Act of 2007 are tied-in to the worldwide “first-to-file” system. This first-to-file “package of issues” will destroy the intrinsic incentives and original intention of the U.S. 200-year old patent system.

The laws of the United States are also based upon “case law”, which means that the laws are interpreted based upon the results of court cases. After a court decision is made, future case rulings are based upon the decision of the earlier cases. So the U.S. patent laws have evolved through 200 years of case law. These drastic proposed changes throw out those 200 years of case law, and create a totally new system that has not been tested through court cases.

The proposed "first-to-file"changes stack the rules in favor of well-funded large corporations by encouraging infringement, making the patent process so costly that only big corporations can afford the process, and creating ongoing patent challenges to the independent inventor. Especially in combination, the package of issues tied-in to "first-to-file" work against the independent inventor to "check mate" him at every turn.

Here’s a brief summary of the “first-to-file” package of issues:

First-to-File:

• Current U.S. patent system: The existing 200-year old “First-to-Invent” system allows inventors to delay getting a patent until after their product has been researched and developed enough, as long as they keep it secret and maintain the proper invention logbook. Since an invention is often improved, tweaked, and perfected during the research and development stage, this results in a much stronger patent based on the final version of the invention, as well as allowing the inventor to spend his/her limited funds on the development, rather than on the patent, in the early stages. This is an extremely important issue with the more technological inventions that often take years and years to develop.

• Worldwide first-to-file system: Whoever files a patent first, would get the patent. This means that whoever has the money to file a patent first, gets the rights to the patent, not necessarily the first inventor. This tilts the patent system to those who can afford the patent process, not those who are original inventors. Being pressured to file a patent immediately encourages a rush to patent without the proper development of ideas. Since the original patent won’t match the final developed product, this means that incremental changes will also need to be patented to protect the idea throughout the development period for as long as it’s being evolved. This results in having to file multiple and successive patents for each idea, a process only large corporations can afford, pricing most independent inventors out of the inventing picture.

Assignee Filing:

• Current U.S. patent system: Currently in the U.S., the patent laws require that the individual inventors be listed on the patent. Issuing the patent to the “true inventor”, an “individual”, is at the heart of the U.S. patent system. In corporations, all patents have to be filed in the name of the inventor-employees, and are shown as “assigned” to the corporation within the patent (i.e., all intellectual property rights are turned over to the company, this is something that the inventor has already agreed to in the employment agreement). Both the name of the inventor, and the corporation that owns it, are on the patent. This system has worked well, so it’s not necessary to change this aspect. When licensing an invention, whether filed by the inventor or the licensee, the patent is always filed under the inventor’s name, so there’s never any question about who the true inventor is.

• Worldwide first-to-file system: This is tied in to the worldwide “first-to-file” system. This would allow corporations to file for patents in their corporation’s name, eliminating the inventor from the patent. When you combine “first-to-file” with eliminating the inventor from the patent, it’s easy to see that it’ll be very easy for corporations to take inventions from independent inventors witout paying any licensing fees or royalties, saying that they invented it in-house and own the rights, because they rushed to file the patent first.

Prior User Rights:

• Current U.S. patent system: Currently, the U.S. “First-to-Invent” patent system gives an “exclusive” and limited time monopoly to the “true inventors”, individuals, which is at the heart and soul of the U.S. patent laws. The patent “excludes” anyone else from making, using, selling or exploiting the invention. Under most circumstances, anyone who is using, making or selling the patented invention is infringing.

• Worldwide first-to-file system: This is tied in to the worldwide “first-to-file” system. This would allow anybody who claims they were making, using, or selling a product, before the patent owner filed a patent, to continue without paying licensing fees or being sued for infringement. In a patenting environment ruled by large corporations under a “first-to-file” regime, this is a necessary consolation prize to allow wee inventors and small businesses to have limited rights to continue running a business based on an invention where perhaps they were the “original” inventor who couldn’t afford to file a patent(s) first. But they wouldn’t have a patent, thus they wouldn’t have any rights to license, but could only manufacture and sell it themselves). Yet on the flip side, if an independent inventor, who is the true inventor, happens to make it through all the new hoops and hurdles, files a patent first, and becomes successful, he/she wouldn’t be able to stop a large corporation from competing if that large corporation claims “prior user rights”, saying that they were making, using and selling the invention prior to the inventor’s patent filing.
  

18-month Publication:

• Current U.S. patent system: The U.S. patent office automatically publishes all patent applications 18 months after filing, unless the inventor “opts out” if he is only going to market his invention in the U.S. This allows the pending patent application to remain secret until it is granted/issued. For patent applications that are rejected by the patent office, the inventors can withdraw the patent applications so that they never get published, which allows them to use the invention under “trade secret” protection where they don’t ever reveal how the invention works.

• Worldwide first-to-file system: This is tied in to the worldwide “first-to-file” system. The U.S. Patent Office would automatically publish “all” patent applications 18 months after filing - whether pending or rejected, and even if they‘re only going to be marketed in the U.S. Most patents currently take about 3 years to issue because of the backlog of applications at the patent office, so with this provision, pending patent applications would be looked at by competitors worldwide and could be infringed upon even before the patent is granted/issued. Suing for infringement requires that patents be issued/granted, so the patent filer would be helpless to legally stop an infringer until the patent is granted, which would be at least another 18-months (with the current 3 year timeframe to be issued), or more, if it takes longer than 3 years for the patent to be granted.

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