INVENTORS BLOG

Congress has destroyed US Technology

noreply@blogger.com (InventorsBlog) — Mon, 26 Mar 2012 02:00:00 +0000

Inventor George Margolin tells Congressmen "America Invents" Patent bill destroys US Technology at 2012 CES!

HOW THE “ALLIANCE FOR PATENT FAIRNESS” USED S.23 TO GUT AMERICAN TECHNOLOGY FOR THEIR OWN CORPORATE GREED

noreply@blogger.com (InventorsBlog) — Mon, 26 Mar 2012 01:49:00 +0000

What EVERY product developer knows
BUT how Congress is clueless about this legislation

NEVER – EVER – EVER RELEASE AN UNTESTED PRODUCT!

Would any sane adult willingly fly across the continent or the ocean -- in an airplane– THAT HAD NEVER BEEN TESTED OR FLOWN WITHOUT PASSENGERS?

More to the point – would any member of Congress KNOWINGLY do so? I don’t think so, because that would be putting their lives on the line before the airplane had been “Crash Tested” with no passengers aboard – many times and long before human life is endangered in that product.

But THAT is exactly what 95 members of the Senate and 304 members of the House just did by blindly demolishing and deforming the very patent system that has made America the Technological Wonder of the world!

You can be absolutely certain that not one of the members of the ironically titled “Coalition for Patent FAIRNESS” would ever consider producing their own products -- from a computer chip to a computer program – in the doomed-to-failure manner that they spent to CON the Senate to do with their multi-million-dollar lobbied Patent “Reform” Bill – S.23

The Double Speak Patent “Fairness” Folks would not dare do to their products, what they paid lobbyists millions of dollars to cripple American technology and DESTROY AMERICA ITSELF!.

Since many of these “Patent Fairness Folks” (think IBM) are product developers and manufacturers – they will ALWAYS follow a procedure similar to what we’ll outline below. ALWAYS! Otherwise – their products would never work and never create a market.
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HOW TO DEVELOP A WORKING PRODUCT
OR VALID LEGISLATION

THESE METHODS ARE FOLLOWED FOR VIRTUALLY ALL NEW PRODUCTS

1. The concept is first defined, designed, researched, rendered -- then a computer and/or a feasibility study is produced.
a. If complex – each component is separately tested, improved and vetted again, before being incorporated into the overall design.
b. After which the entire design is vetted for its composite operational cohesiveness, integrity, and chance of success in the marketplace.

2 Once stage 1 is completed – a rough feasibility model is designed and tested as in stage 1. This is usually an “engineering” prototype which is designed to function in the manner the final product will function – but without the size and complexity constrains that will later require engineering of parts for combined functions, size and reduced cost.

a. In whole or in part – each and all components must work together properly and its targeted economic aspects of cost and possible sales price vs. market acceptance will be considered.

3 After this design vetting and component testing – an engineering prototype is designed to look and function as the final product is supposed to look and work. But its parts will not yet, be designed for size, function and cost savings.
a. This will be built and tested in the closest approximation of the expected environment and function.. And if large enough – for people, as an example -- test pilots or drivers, or clever programmers or their equivalent – will do their best to test and break it before the final design will be produced, so as to avoid failures later down the production sequence. In software this would be an Alpha copy.

4. Once all this has been completed – a pilot production design is created and a small number of pre-production devices are made, sent out to knowledgeable and competent potential users to use and abuse before the final production design is finalized and accepted for production. In software this would be called a Beta copy.

5. Only after all of the above provide enough confidence that the product will work as expected and can be produced at the intended cost for the intended marketplace – is a full production-ready design signed out. And only then is the actual production process set up; parts ordered from vendors who have also gone through the above design, test, batter, break, redesign and finalize procedures.

6. AND ALWAYS -- IT IS UNDERSTOOD THAT IF THE PRODUCTION DEVICE FAILS TO FULFILL ITS INTENDED FUNCTIONS IN ITS INTENDED MARKET AND CANNOT BE RECTIFIED AND DOES NOT GAIN MARKET ACCEPTANCE WHICH WILL PAY FOR ITS DEVELOPMENT – AND/OR COST OF MARKETING – IT CAN AND WILL BE WITHDRAWN!

NONE OF THE ABOVE WERE DONE WITH THE DRASTIC AND
NON-RECALLABLE SENATE “America Invents”PATENT DESTRUCTION ACT”

This is where the so called “Fairness” and their cohort patent reform proponents departed and diverged from their own mandatory development practices and short circuited to coerce Congress to pass theDISASTROUS Senate AND House bills. This is a short sighted attempt to disrupt and deform our 220 year old, evolved, tested and world’s BEST and ONLY WORKING U.S.Patent System.

While THEY (the Patent “reform” SHILLS), can easily recall a faulty production run – CONGRESS IS NOT SET UP TO DO THAT. Judge Paul R Michel – recent Chief Judge of the U.S. Court of appeals for the Federal Circuit, on Monday January 28, 2008, characterized his concerns of the attempt to pass the earlier version of the American Destruction Senate Bill S.1145, by stating that once Congress acts, it could take between 15 and 50 YEARS to reverse destructive changes to our patent system. That would be close to 3 GENERATIONS to rectify, reform or repeal this complex legislation –IF it could ever be rectified, repealed or withdrawn. And this would would be decades too late to keep it from destroying American Technology and America itself.

If it passes – LEARN MANDARIN CHINESE –WE’LL ALL NEED IT!

HOW TO DESTROY AMERICA WITHOUT SUICIDE BOMBERS GUNS OR BULLETS THE DESTRUCTION OF AMERICA’S PATENT SYSTEM AND AMERICA WITH IT

noreply@blogger.com (InventorsBlog) — Mon, 26 Mar 2012 01:47:00 +0000

THE DESTRUCTION OF AMERICA’S PATENT SYSTEM AND AMERICA WITH IT -- BY SENATE AND HOUSE BILLS S/23 and H.R. 1249

The biggest oil spill in American history was caused by a number of factors, yet to be fully determined – by a foreign company overextending its technological capabilities beyond its technological knowledge. And even when quenched after three months, it will take decades, if EVER, to erase and restore the oil spoiled, devastated Gulf to its pre-spill -- unpolluted state.

But EVENTUALLY – if even GENERATIONS LONG – it WILL be REMEDIATED! EVENTUALLY! PROBABLY!

BUT SENATE BILL S.23 AND HOUSE BILL H.R.1249 – ARE ANOTHER MATTER.
Now that they have been passed – there will be no going back, no cleanup, no redemption. No return to the high flying airplane from which we will be forced to jump -- WITHOUT A PARACHUTE! It will NEVER be “fixed” or fixable, so it will continue its destruction of American Technology, commerce and economy -- FOREVER!.

Called Patent “REFORM” by the “Alliance for Patent ‘FAIRNESS???” and other BIG Company lackeys and shills – the pitchmen and propagandists for the ’world’s largest Trans-National Corporations , among them IBM and INTEL – and the other Gargantuas that sent millions of AMERICAN JOBS overseas. Jobs that are UNRECOVERABLE and IRRETRIEVABLE.

This so called “REFORM” was designed to guarantee the destruction and elimination of America’s, innovative and CREATIVE INVENTORS, the INDEPENDENTS, alone or in Startup companies like that were like nascent HP and Apple, in garages, or my old Fairchild colleague Bob Noyce, who started Intel with Venture Capital Funding in Palo Alto. These are the inventors that have fueled America’s “Engine of Prosperity“ since 1790. – that’s TWO HUNDRED AND TWENTY YEARS! But NOW – they are on the verge of being INTENTIONALLY annihilated and ELIMINATED BY SOME OF THESE SAME COMPANIES THAT NOW ARE THE “ESTABLISHMENT” fearful of being SUPERSEDED as they superseded the companies before them!

“THEY would HARMonized America DOWN To the lowest level of the WORLD’S
LEAST INVENTIVE NATIONS. WHY?

Our richest established corporations paid and are still paying MILLIONS upon Millions lobbying to ELIMINATE the Spark Plugs of our “Engine of Prosperity?” Why? Because America’s Patent SYSTEM is too fair, too effective, too good and too superior to those of the rest of the world. Here we are speaking of the American Patent SYSTEM – NOT the U.S.Patent OFFICE – which is overworked, understaffed, AND EACH YEAR robbed by congress, of MILLIONS OF DOLLARS OF the money it earned from the sweat of American Inventors.

Enter IBM’s David Kappos -- But only a pair of years ago it was given a glimmer of hope of the “possibility’ of being brought from the equivalent of Quill pens and green eyeshades to the automated world of Modern American Technology, when President Obama enlisted the aid of IBM’s Patent Division Head, David Kappos to be the Director of the United States Patent Office.

But, though a brilliant man and excellent administrator, it seems that he also brought with him the poisoned IBM Kool Ade he’s been drinking for decades. And while It WAS hoped that the competent former IBM patent head would bring the PTO the wonders of electricity and modern computers, Congress has NOT ALLOWED him to do this.

WORSE -- he brought something else with him --- it turned out that rather than being a FIXER of the PTO – He became a Shill for Big Business MENTALITY of IBM and other Entrenched Trans-Nationals and he LOBBIED WITHIN the ADMINISTRATION seeking to change the American Patent SYSTEM, WHICH IS NOT BROKEN – and WHICH HAS MADE AMERICA THE LEADER OF WORLD TECHNOLOGY FOR OVER 220 YEARS.

With both houses of Congress being romanced by the lobbyist’s tricks of the trade -- deceit, confusion, obfuscation, fabrication, half truths and whole lies -- and Director Kappos’ own Big Business perspective and propaganda -- it caused the CONFLATION of confusing the best-in-the-world U.S.Patent SYSTEM with the BROKE AND BROKEN PATENT OFFICE . The Patent OFFICE with its extremely hard working staff. has been deprived of Millions of Dollars EACH YEAR, of the money it EARNED -- by having Congress Steal the money for use in such “necessities” as political EARMARKS.

So now these Half Truths and unfounded, unrealistic hopes by Kappos and his BOSS President Obama – sold this FICTIONAL “Reform” bill to the floors of the Senate and the House – and made it pass with a SUPER MAJORITY – as IF it were the Real Deal.

So as we write this – Congress and the Administration have SCUTTLED AMERICA! Unless and only IF the Supreme Court declares the new LAW unconstitutional as many believe it to be.

While the American Constitution, Section 1 Paragraph 8, states “Congress shall have the power to promote the progress of science and the useful arts by securing for limited times to authors and inventors the EXCLUSIVE rights to their respective writings and discoveries.”

Congress, with this new LAW, will change the word INVENTOR to The first guy who runs to the Patent Office and files a patent for an invention – NOT the ONE to INVENT IT. This is NOT the way America has SUCCESSFULLY done it for TWO HUNDRED AND TWENTY YEARS! This BI-PARTISAN Congress has chosen to “snatch defeat from jaws of success.” 220 years of success. What kind of adult behavior is this. Who would applaud America’s SUCCESS – THEN CHOOSE TO DEFEAT IT?

Worse -- there are sections that would bypass the inventor altogether and make it possible for a Company in which the inventor Works. If this legislation actually survives the Conference Committee, which is to make the two bills --- Senate and House -- conform – actually eliminate the inventor, as mentioned in our Constitution, and make him/her virtually superfluous. Which would make our CONSTITUTION, dear readers, including members of the Tea Party --- VIRTUALLY WORTHLESS!

Worse yet – the “Presumption of validity” we have honored for centuries – because of the YEARS a Patent Application must survive to BECOME a Patent -- will be ELIMINATED by virtually ENDLESS opportunities, even illegitimate opportunities, to contest, even the most perfect, novel and valid patents. This would make it IMPOSSIBLE to obtain funding from America’s unique financial resources like Venture Capitalists who have stated that this legislation WILL PUT THEM OUT OF BUSINESS. Which would mean that it would put AMERICAN INNOVATION OUT OF BUSINESS.

America is the acknowledged world leader in the creation of the kinds of inventions that gave us, the LASER by, GOULD -- XEROGRAPHY by Chester Carlson -- the TELEPHONE, By BELL, the long life LIGHT BULB, MOTION PICTURES, PHONOGRAPH. DIRECT CURRENT GENERATOR and innumerable other products by EDISON – A BRILLIANT SERBIAN, TESLA –who came to America to be able to use his brilliant mind to invent ALTERNATING CURRENT which allowed electricity to be transferred over many, many miles and inventor the ubiquitous ELECTRIC MOTORS we still use today. The TRANSISTOR from a three inventor team of Shockley, Bardeen and Bratton in Bell Labs, (where I once had the honor of working as a consultant) -- the COTTON GIN by WHITNEY – the WRIGHT BROTHERS – Inventors of the AIRPLANE and the AIRPLANE INDUSTRY – Kary Mullis – the brilliant conceptuallizer who’s “Flash of Genius” moment created the means of Replicating DNA which allowed it to be THE certain means of identifying and capturing criminals. For this he won a Nobel Prize.

THE BASIS OF OUR COMPUTER ARCHITECTURER–VON NEUMANN , a Jewish Hungarian, Swiss and, German educated mathematical genius who escaped from the Nazis and was the founding Professor at the Institute for Advanced Studies in Princeton, NJ, where ALBERT EINSTEIN – the truly INDEPENDENT GENIUS -- spent his last days.

Note that all but the three from Bell Labs, were INDEPENDENT INVENTORS. Even the creation and development of television by use of the CRT – was the original development .started with the brilliant concept of the back and forth movement of an electronic beam constantly making up a picture in the mind of a 14 year old Mormon boy while plowing his field – back and forth and back and forth. He realized it could make up a picture -- so he learned electronics to enable him realize this epiphany that allowed our world to transmit and create pictures AS WE DO TODAY. The boy’s name was Philo Farnsworth.

And let’s not forget the genesis of the ATOMIC BOMB suggested in a letter to President Roosevelt by Albert Einstein -- the Inventor and mathematician who Time Magazine labeled the Most Important Person of the 20th Century. Who said “All that it valuable in human society, depends upon the opportunity for development accorded the individual.” Then its follow on, came the hugely more powerful HYDROGEN BOMB conceptualized and created by a gathering of INDEPENDENT immigrants from Germany – EINSTEIN – Hungary TELLER, SZILARD , Italy -- FERMI and others, who were the minds behind the super secret – super successful Manhattan Project that created the weapons that made America the most powerful nation on earth with the most powerful WEAPONS on earth..

There are too many other brilliant and productive individual innovators and inventors to comment on. But this list will refresh your memories and show you that our AMERICAN opportunity for invention, is the reason that America grew from an agrarian society to the Top Technical and Financial nation on EARTH. Sadly NOW – ill conceived and deadly “Patent Reform” legislation may have NOW DESTROYED THE AMERICAN TALENT AND DREAM..

HARMonization – the entrenched trans-national companies who BOUGHT THIS VOTE – did it partly to HARMonize our BEST IN THE WORLD -- WORKING, patent system, with the VASTLY INFERIOR ONES in the rest of the world. But WHY would we want to be HARMonized DOWN to the lowest common denominator foreign countries?

BECAUSE this legislation, passed by a Super Majority it WILL CAUSE America to be swept
into the Dust Bin of Once Great nations. Egypt – Greece – Rome, anyone?

Is there anyone reading this who believes we elected our Congress to Destroy America? If not – let us join together to replace the 95 Senators and 304 Congressmen at the next possible elections.

ADENDUM

The quote below was used by Chief Judge Paul Michel, just retired head of the Federal Patent Court, It is from the highly respected Judge Markey, who succinctly wrote:

“Many giant corporations have no need of a patent system. They may obtain patents, but only as a defense against some little machine shop operator who might otherwise invent and patent something the public would demand and the big corporation would have to negotiate for, instead of just adding the item to its product line. Many large corporations would be glad to compete on size, nationwide service, high volume, strong finance, and prompt delivery. They can kill off smaller competitors on any of those bases, unless the small competitor has a patent on a product somebody wants to buy”

Also from Chief Judge Michel “But if this bill is a SLEDGE HAMMER that’s going to add a lot of cost and a lot of delay and add new issues and add UNCERTAINTY, IT’S GOING COMPLETELY CONTRARY TO THE RATIONAL FOR PASSING IT IN THE FIRST PLACE. And the “Reforms” may do more harm than good.”

EINSTEIN WOULD SAY -- Pres Obama YOU will be blamed for killing American Technology

noreply@blogger.com (InventorsBlog) — Thu, 15 Sep 2011 00:33:00 +0000

CNN covers patent reform bill passed by Senate: America Invents Act (Patent Office Destruction).

noreply@blogger.com (InventorsBlog) — Thu, 15 Sep 2011 00:32:00 +0000

Passed 9/8/11, aired 9/9/11

Judge Paul Michel's answers after USBIC senate staff briefing- Patent Bill

noreply@blogger.com (InventorsBlog) — Thu, 15 Sep 2011 00:26:00 +0000

PREFACE WRITTEN ON JULY 4TH 2011-To a paper I wrote in 1996 as a critique of legislation being pursued in Congress- They are still at it 15 yrs later

noreply@blogger.com (InventorsBlog) — Mon, 04 Jul 2011 18:55:00 +0000

AS THE FRENCH SAY - THE MORE THINGS CHANGE THE MORE THEY ARE THE SAME.
BUT SOME OF THE BAD STUFF WAS REMOVED AND NOW WORSE IS ADDED.
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IN1996 SENATE BILL S.23 AND THE HOUSE BILLARE CLEAR AND PRESENT DANGERS TO THE INVENTIVE AND TECHNOLOGICAL SUPERIORITY OF THE UNITED STATES AND TO ITS FINANCIAL FUTURE!
By George Margolin
Vice President – Professional Inventors Alliance
The people behind the clearly foreign inspired,, S.23, are trying to do their dirty work quickly so we wanted you to have the following information before it reaches the floor.
PIRATE- ization of the American Patent System with S.23
This legislation kicks off with an scheme to hijack of the US Patent System and make it into an easy-to-subvert Fiefdom, ruled over by an appointed Czar who can succeed himself endlessly, like J. Edgar Hoover. This Czar would also have permission -- written permission, would you believe, so that he “may accept monetary gifts or donations of services or of real, personal, or mixed property ...” and “may retain and use all of its revenues and receipts, including revenues from the sale, lease or disposal of any real, personal or mixed property or any interest therein, of the Office, including for research and development and capital investments ..” They also tried, in their first onslaught, to receive Unlimited (no cap) borrowing from the Treasury! But they got caught before they got their hands in the cookie jar and had to change that language to one where they might have to get some sort of Congressional approval to divert the taxpayer’s money.(THIS SECTION GOT KILLED FOR BEING TOO DISGUSTING.)
Considering the fact that the Patent Office now GIVES close to a hundred million dollars a YEAR, to the Treasury -- this sounds like the ultimate in gall. It’s like saying, “Give me your half Billion dollar a year company, that now pays you back serious money -- and let me also keep all that money and borrow as many Billions of dollars more as I can get away with. Incidentally, I may or may not pay the money back.. “And, by the way -- keep Congress in a tiny advisory role and give them virtually no oversight. Oversight makes me nervous.” I’ll bet it does!

Doesn’t this sound as if someone is preparing to sell our Patent Office to the highest bidder?
Do you really think that bidder will be American?

S.23 Will Eliminate Foreign Industrial Spies --
By Legalizing Industrial Espionage!

Other parts of this Moorhead/Schroeder Patent Reform Act of 1996 cover the “early” (their word, not ours) publishing of all our technological and patent secrets -- particularly those not yet granted, and especially the breakthrough patents that take many years to issue. This will permit the Japanese and others to copy, surround with nuisance patents, or oppose -- the creations of American inventors, often long before their patents can issue. This could even keep their patents from ever being allowed to issue! I call this part, “The Bill to Legalize Foreign Industrial Espionage.” Who needs paid spies if we publish all of our secrets on the Internet before they can be protected by patents?

“Around the World in 18 Milliseconds”
If they get this legislation though -- soon they’ll push for legislation to eliminate the inconvenience of waiting 18 months to publish all our secrets. New technology (American Technology, I might add) has made it even easier for our competitors and potential enemies to learn our secrets. They’ll say, “Why don’t we just publish all our patent applications on the Internet, the moment they arrive at the Patent Office?” After all, if 18 months is better than waiting, a few years, to publish our patents -- why wait 18 months? It would take only about 18 Milliseconds to broadcast each of our patent applications directly into the hands of all our competitors and enemies anywhere in the world!

Personally, I don’t think this is such a hot idea! But the authors of this bill seem to think it is the best way to handle America’s inventive output. They even wrote, (and I added the underlining to pertinent points) “Publication of patent claims at 18 months will inform competitors of the scope of patent rights that may be granted in the US market. This information will deter competitors from manufacturing the invention without a license, . . . ” Really?! And “Publication of patent claims also will help competitors avoid the expense of filing patent applications of their own that are too late.”

What!? -- The authors are telling us to expose our most valuable national secrets “early”, in order to keep our competitors from needlessly spending their money? Do the authors really think that will “deter” our competitors?
Early Publishing -- The reality is that it would eliminate the need for foreign industrial spies, by exposing all of the currently secret American Patent Applications to their world wide competitors, before they are issued and protected. This would be the same as publishing the combination to your company safe and sending along with it, a list of all your company’s customers and your private plans for the future. YOUR PATENT APPLICATIONS ARE YOUR PLANS FOR THE FUTURE!

Why are we being conned into doing this? Because THIS is just the way the Japanese patent system is set up -- to permit large corporations and Zaibatsus, to control and to stop the dangerous patents of their competitors, from issuing. It is also how they can get to market before you know what hits you. And how they can surround your patents with a frivolous patent fence so tight you’ll feel like you’re in a strait jacket. The sad part is that you really will be in a strait jacket, and in dire straits, indeed. And no one will let you out until you do the famous Japanese “Cross Licensing” deal. That’s where you give up your rights in order to get their rights

Of course, if you are a small American company or an independent inventor, it will do you no good, because you have no way to compete with a big Japanese manufacturer. But they’ll tell you it’s absolutely equal. You give them FREE rights to your breakthrough patents and they give you rights to their nuisance patents they have filed to entrap you. This kind of “equal” reminds me of an old hobo recipe for “Rabbit and Burro Stew.” Take equal parts of Rabbit and Burro -- one Rabbit and one Burro. So if the above sounds like a big sucker play being foisted on us -- Bingo!

Eliminating Military Spies The Same Way
Using these same instantaneous publishing methods -- we can eliminate the need for Military Spies just as we can Industrial Spies -- by putting all our secrets directly on the Internet and “Sharing” our Attack scenarios and Defense strategies with the world. Wouldn’t that make the world a “nicer” place?

Why would a prudent Legislator accept this “rush to bad judgment?”
So what WAS this great rush to ram S.23 through Congress? What prudent person would rush to tamper with and dismember, what everyone, including the authors of this terrible legislation , admit is the best patent system in the world -- “the envy of the rest of the world” they wrote?” What Legislator would be willing to bear the shame of being responsible for the senseless slaughter of the Inventive Goose that has been laying America’s golden eggs for 206 years? The same golden eggs that created our industries and jobs. The authors want to install the Japanese Patent System -- which is known to be unfair and unreliable to the point of criminality -- and give up our working system.

Wouldn’t any practical person, contemplating making ANY changes to a successful, time-tested 220 year old patent system -- -- make a small change here or there to learn what effects or disasters these changes might cause? Wouldn’t any prudent legislator figure that if it “ain’t broke” and always produces more and better results than any other in the world -- maybe we should protect it and tweak it rather than tear it limb from limb, and throw its pieces to the rapacious sharks of international commerce -- our competitors?

If you would like “Doublespeak” defined, read the following quotes. This is POLITICS!
One of the authors, wrote a MEMORANDUM addressed to the Chairman and Members of the Judiciary Committee. Here is what they were told. It started out saying that they are proposing these massive changes to “ensure that United States Patent System continues to be the envy of the rest of the world. We are by far the world’s largest producer of intellectual property and this has greatly benefited our balance of trade” (Note, I have heard that our balance of trade is in the toilet. despite our marvelous patent system, just imagine the numbers without it.) “This success is dependent upon a rational and sound policy of protecting intellectual property by encouraging the development of new inventions and processes” Then they were told, “America no longer stands alone in its commitment to a strong system of patent protection for its inventors, small businesses and industries. Consequently, it is more important now than ever that we adopt certain reforms that will ensure that America maintains its position as the world leader in the production of intellectual property.” They are right! We must “ensure that America maintains its position as the world leader in the production of intellectual property.” Unfortunately, the changes they are pushing are guaranteed to destroy the only Patent System that that will “ensure” it. Bad news!

These, foreign designed, so called, “reforms” are meant turn our “envy of the rest of the world system” into a dying shadow of itself, and a competitor of no one!.

Why don’t we ask them -- just what OTHER country “has a strong system of patent protections for its inventors, small business and industries?? There are none!. Maybe the country they are talking about is “Somewhere Over The Rainbow” with the other “Pie in the Sky” promises this letter to Mr. Hyde talks about. It certainly did not tell the truth when it said “America no longer stands alone ...strong system of patent protection ... for its inventors ..” The truth is --America proudly does stand alone and above the crowd of copyists. We are strong enough to stand alone -- nurturing and protecting our creators, inventors and small businesses from the ravages of the monster corporations. Since we really “are the largest producer of intellectual property” why would we want to dump the very system that made us the “largest producer?” Wouldn’t that be irrational? What do you think:?

Our patent system is one of the strongest reasons for America’s success. And that is the reason that the foreign sponsors of this abominable snow job -- are spending Millions of dollars to shove their crippled foreign patent system down the throats of an unsuspecting American people. Reminds one of 1941, doesn’t it?

What’s Wrong With the Japanese Patent System?
The Japanese patent system is probably fine for the Japanese. It fits their culture by intentionally being designed NOT to protect inventors and small businesses -- just the largest corporations. Japan was and still is a feudal and hierarchical society. It is run from the top down. That’s why they “Lay Open” patents in 18 months. It’s so the BIG guys can “share” whatever anyone else creates. With the biggest getting the biggest share. But Japan’s system is bad news for America, where people really do have a chance to rise from the bottom -- often by means of their patents.

And inventors I have met in Germany, France and Italy fare little better than their abused brothers in Japan. So once again, I have to ask; “What wonderful, beneficent patent systems are the sponsors of S.23 talking about? Tell me, I’d love to know. Maybe all of us American Inventors will have to move there, when our patent system is flushed down the toilet.

America’s Patents Will Suffer Even Greater Harm from “Early” Publication Because We are Required to Show EVERYTHING about the Invention When WE File
Japan’s Laid Open Patents, as horrible as they are, reveal NOTHING, compared to the would-be “new and improved” American Copy of the Japanese system. In Japan, although they expose the naked bodies of their (and our) Japanese filed but unissued patents -- they don’t require that the really, really, private parts -- the guts and claims of the patents be shown.

But -- if S.23 passes and actually becomes our new “Japanese Clone” patent system -- our unborn fetuses of patent applications will be laid out on the Internet for all the world to see and abuse and dismember and steal from -- claims and all. American Patents -- unlike those from the rest of the world -- are required to reveal “The Best Mode” and disclose sufficient information and detail “to allow a person skilled in the art,” to be able to understand and make the device that is the subject of the patent. This puts American Inventors and Inventions at far greater risk than those of any other country. But not to worry -- I was told by the main author of this bill, when I questioned him on a radio talk show, that this will be “great for American Inventors.” Unfortunately he has yet to tell me how this is possible.

On a recent radio talk show, I called and politely suggested to Mr. Moorhead, that his desire to change our entire WELL WORKING patent system -- all at once -- with no chance for first testing each part -- would, in my view, be a HUGE mistake.

It would be like taking Air Force One, and ripping it apart from nose to tail -- tearing off its wings, engines, electronics, and controls. Then hiring unskilled labor to kluge it back together using untested and ill fitting parts and connected every which-way, and expecting it to fly.

When I asked Mr. Moorhead why he was trying to force a similarly kluged and untested patent system on America, he replied that he thought that there were other countries that had some experience with something like this new patent system. His vague answer did not give me a warm and safe feeling.

Inventors and their inventions -- the basis of America’s Success
Just think of the industries our inventors created. To name just a few from old to new: -- the reaper and sewing machine and cotton gin and light bulb and telephone and phonograph and motion pictures and airplane and transistor and FM Radio and Television and Xerography and the integrated circuit, which gave us our huge computer industry and the exploding Internet and our vaunted BIOTECH INDUSTRY!.

Virtually all of these came from independent American inventors and/or small startup companies. And from these startups came the huge industries we have today. As my father-in-law, the dairy farmer says; “If you don’t have seed corn you can’t grow corn to feed your cows.” I wish I had said that. But I can say; If you don’t have Inventors, you can’t grow any new job producing industries. None!
To make it even more perfectly clear -- America is being told to give all of our creative seed corn to our competitors -- for nothing in return! Bad deal!

S.23 is specifically designed to eliminate America’s successful Patent System and Inventors
If there really are American companies the authors say are on “their” side, I am sure, that except for a foolish few, are NOT the creators of the newest technology. They are multinational ogres attempting, like the Japanese, to STOP our greatest talent -- our technological creativity -- so they can continue to sell their me-too, trivial, shiny, do-nothing, “improvements.” THAT is what is causing these companies to “encourage” the authors to push (pander?) for such destructive legislation.

Why So Fast and Why So Soon?
So here’s the reason there is such a rush to crush the patent system -- it is, as Machiavelli said, “Do your evil quickly “ -- so as to attack your victims before they know what’s happening. The victims in this case, happen to be every American inventor and all the small businesses and workers that will be out of work when American Technological Leadership stumbles to a stop. This killer bill will guarantee only one thing -- the death of our greatest asset -- our ability to invent and create new industries and jobs from our inventions.

A Modest Proposal
I will conclude with a modest proposal. The Japanese consistently tell us that the reason we can’t sell our cars in Japan is that our steering wheel is on the wrong side after all, they do drive on the Left side of the road, like the British.. So, if the Japanese way of doing things is really so much better than our way (cars and TVs and patents) why don’t we add an amendment to S.23 requiring that America will do things the Japanese way and WE WILL DRIVE ON THE LEFT SIDE OF THE ROAD! Let that start AT THE SAME INSTANT WE GIVE UP OUR AMERICAN PATENT SYSTEM. That will be less evil than instantly changing our Patent System. Sounds fair to me. What do you think?

It is crystal clear, that the people funding this transparent scam, are using S.23 as a stepping stone to the total elimination of the American Patent System. Registration perhaps?
For further information contact: George Margolin --- V.P. Professional Inventors Alliance

Forbes says: China Wants to Buy Facebook

noreply@blogger.com (InventorsBlog) — Mon, 04 Jul 2011 18:34:00 +0000

China Wants to Buy Facebook
WHAT A SURPRISE!

On Thursday, Business Insider reported that China is trying to buy “a huge chunk” of Facebook. According to the business news website, Beijing approached a fund that buys stock from former Facebook employees to see if it could assemble a stake large enough “to matter.” Moreover, Citibank is rumored to be ……AND CONGRESS IS NOW – JULY 4TH 2011 – PUSHING TO SELL THEM OUR ENTIRE PATENT SYSTEM

IS SELLING OUR FUTURE TO CHINA GOOD FOR AMERCA?

PATENT EXAMINATION BY THE BRAIN DEAD FOR THE BRAIN DEAD

noreply@blogger.com (InventorsBlog) — Wed, 02 Jul 2008 03:56:00 +0000

PATENT EXAMINATION BY THE BRAIN DEAD FOR THE BRAIN DEAD.
This seems like a good exercise for non-patenting academics to learn WHY our 218 year old patent system is the most productive and admired In the world.

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 and disclosed his or her invention. The Patent Application description of the invention is to advance the art and TEACH it so that others can build upon and improve upon it. BUT – under the terms of the constitution --- “Congress shall have the power to promote the progress of useful arts by securing for limited times to authors and inventors the EXCLUSIVE right to their respective writings and discoveries.” Which has meant, for over 200 years, the deal with the PTO (U.S. Government) was – You, the inventor – disclose – and we the PTO HIDES, ‘Secures and PROTECTS your disclosure, unless and until patent protection is or is not granted. If granted – the “protected” patent is published and the information is disclosed to the world for its enlightenment and as a basis for improvement by others to extend the technology to greater heights of development.
And if a patent protection is NOT granted – the information will remain secret for the inventor to either provide information that may become a more suitable patent – or, for it to remain a trade SECRET which can be used by the inventor. But it is NOT to be published for the world to see and steal.
THAT is what the American Patent system is all about. And THAT is why it is and has worked so successfully for so long. And – why America is STILL the technological leader of the world.

WHAT IS A “PEER” TO AN INVENTOR, INDEPENDENT OR OTHERWISE?

First off --- it is NOT an academic who is NOT an inventor. Because he/she did NOT invent the invention to be poked, prodded and “peered” into, by those incapable of or unable to have conceived it in the first place.
Second -- it is not even another independent inventor – because he/she clearly had not had the foresight, insight and skill for creating the invention to be prodded, poked and “peered.” And HINDSIGHT is Not the same thing as the creative process.
Third --- it may have to remain the job of the qualified, professional U.S. Patent examiner who, among other things --- is a quasi-fiduciary government agent, whose job it is to serve, search, secure and/or reject and protect the subject patent application from disclosure to the world at large. Strangely --- this peer pushing proposal does everything sdrawkcab (“backwards” for those who have not had the pleasure of setting type in the good old pre-computer days.)
To put this in a more easily understandable way – this “peering” under the skirt or kilt of an unprotected patent application, would be like publishing your private financial information – bank accounts, passwords and mother’s maiden names – for the internet world to see and steal. Would any sane dear peer pusher, do that?
In fact this is EVEN WORSE than the madness of Senate Bill S.1145 which proposes to mandate the publication of all U.S. Patent applications – only 18 months after the application is filed – despite the usual 33 month (or more) gestation period from application to patent..

In fact – the proposed “Peer to Peer” disclosure would weaken our world-leading patent system even BEFORE the madness of S.1145 would toss our now secret patent applications to the WORLD WIDE WOLVES TO DEVOUR!

HONORABLE SENATORS Q&A

noreply@blogger.com (InventorsBlog) — Thu, 17 Apr 2008 06:21:00 +0000

HONORABLE SENATORS – SOME QUESTIONS AND ANSWERS
About The Patent Reform Act of 2007 – S.1145

From George Margolin -- Vice President Professional Inventors Alliance
Patentor@gmail.com --- www.inventorsblog.org -- 949-645-5950

Honorable Senators -- Following are a simple set of questions and answers that may help you in your deliberations of whether to vote Yea or Nay on S.1145.

First off – there seem to be a number of necessary steps missing – before the enactment of such a monumental sea change, to our world-leading, working patent system.

A HUGE, unprecedented and unparalleled change such as this, will have innumerable, unintended consequences, that can and WILL corrupt the past and foil the future of American Technological Leadership.

BEFORE WE MOVE WE MUST HAVE PROOF THAT IT IS SAFE TO JUMP from the known platform of SECURITY AND STABILITY OF OUR WORLD CLASS – WORLD LEADING -- U.S. PATENT SYSTEM -- to an unknowable Abyss of special interest wish lists, like those of the anti-patent, Coalition for Patent “FAIRNESS???!”

Q. -- WHERE and WHEN are the PRUDENT tests that MUST BE DONE to PROVE these changes will work -- BEFORE committing and possibly DESTROYING THE ENTIRE AMERICAN PATENT SYSTEM AND OUR ECONOMY WITH IT?

Q. – Are there things in this legislation that have NOT been addressed that, would provide the time and means for testing, evaluating, adding, subtracting, reworking, correcting, changing, revoking and GUARANTYING the success of this massive DISRUPTION to a 218 year old -- best-in-the-world -- WORKING American Patent System?

Q. -- Does Senator Leahy have PROOF that this will or even CAN work? If so, Is it from the double-speak named Coalition for Patent “FAIRNESS,” where their spokesman wrote:
“Someone who invents the "X" key shouldn't be able to sue the keyboard maker for the value of all the letters, said Beau Phillips, spokesman for the Coalition for Patent Fairness, the main group promoting, sponsoring and supporting reform.”

Q. – REALLY??!!! Who would be foolish enough to BUY a keyboard WITHOUT the X or A, or E or any other crucial key???

Q. -- Do these “Fairness” folks not understand that IF IT’S A CRUCIAL, CRITICAL and NECESSARY part of the Keyboard – or the equivalent of that in any other Product – that NO ONE WOULD BUY IT WITHOUT IT?

Q. -- How can we KNOW S.1145 will perform for ALL NEEDED American technological requirements if we don’t test it, test it, test it – BEFORE WE LEAP INTO THE UNKNOWABLE CHASM of UNRECALLABLE legislation?

Q. -- Where’s the PROOF that this can possibly work? Is there a safe and sensible recallable PILOT PROGRAM hidden in it somewhere?

Q. -- Is there any GUARANTY that we can SAFELY Jump off the Pinnacle of our Technological Success AND SURVIVE AS A NATION?

Q. – Isn’t its intent to “HARMonize” and drag our nation down Into the ABYSS of the Lowest Common Denominator Mediocrity of our international competitors?

To Conclude -- We must NOT make huge and IRREVOCABLE DISRUPTIONS to our SUCCESSFUL U.S. PATENT SYSTEM – WITHOUT SAFE AND VERIFIABLE TESTS and PILOT PROGRAMS -- simply because Microsoft et al, are spending MILLIONS LOBBYING FOR IT! Or to rephrase -- “BECAUSE they are spending millions lobbying for it -- CAN WE REALLY TRUST THAT THEIR INTENT IS “GOOD FOR AMERICA?”.

If the Senate cannot know for certain BEFORE we leap – and it make us LEAP -- God Save America -- because Microsoft et al -- WON’T!

PLEASE VOTE NO ON S.1145

WITH NO WAY TO TEST S.1145 -- IT WILL DOOM THE U.S.

noreply@blogger.com (InventorsBlog) — Tue, 11 Mar 2008 21:38:00 +0000

HOW THE “ALLIANCE FOR PATENT FAIRNESS” PLANS TO USE S.1145
TO GUT AMERICAN TECHNOLOGY FOR THEIR OWN CORPORATE GREED

What EVERY product developer knows
BUT how Congress is clueless about this legislation

NEVER -- EVER RELEASE AN UNTESTED PRODUCT!

By George Margolin – Professional American Inventor
PATENTOR@GMAIL.COM

Would any sane adult willingly fly across the continent or the ocean -- in an airplane– THAT HAD NEVER BEEN TESTED OR FLOWN WITHOUT PASSENGERS?

More to the point – would any member of Congress KNOWINGLY do so? I don’t think so, because that would be putting their lives on the line before the airplane had been “Crash Tested” with no passengers aboard – many times and long before human life is endangered in that product.

But THAT is exactly what some members of the Senate are attempting to do by blindly demolishing and deforming the very patent system that has made America the Technological Wonder of the world!

You can be absolutely certain that not one of the members of the ironically titled “Coalition for Patent FAIRNESS” would ever consider producing their own products -- from a computer chip to a computer program – in the doomed-to-failure manner that they are attempting to force the Senate to do with their multi-million dollar lobbied Patent “Reform” Bill – S.1145.

What the Double Speak Patent Fairness Folks would not dare to do to their products, they are paying lobbyists millions to cripple American technology and America itself.

Since many of these “Patent Fairness Folks” are product developers and manufacturers – they ALWAYS will follow a procedure something close to what we’ll outline below. ALWAYS! Otherwise – their products would never work and never create a market.
------------------------------------------------------------------------------------
HOW TO DEVELOP A WORKING PRODUCT
OR VALID LEGISLATION

THESE METHODS ARE FOLLOWED FOR VIRTUALLY ALL NEW PRODUCTS

1. The concept is first defined, designed, researched, rendered, then a computer and/or a feasibility study is produced.
a. If complex – each component is separately tested, improved and vetted again, before being incorporated into the overall design.
b. After which the entire design is vetted for its composite operational cohesiveness, integrity, and chance of success in the marketplace.

2 Once stage 1 is completed – a rough feasibility model is designed and tested as in stage 1. This is usually an “engineering” prototype which is designed to function in the manner the final product will function – but without the size and complexity constrains that will later require engineering of parts for combined functions, size and reduced cost.

a. In whole or in part – each and all components must work together properly and its targeted economic aspects of cost and possible sales price vs. market acceptance will be considered.

3 After this design vetting and component testing – an engineering prototype is designed to look and function as the final product is supposed to look and work. But its parts will not yet, be designed for size, function and cost savings.
a. This will be built and tested in the closest approximation of the expected environment and function.. And if large enough – for people, as an example -- test pilots or drivers, or clever programmers or their equivalent – will do their best to test and break it before the final design will be produced, so as to avoid failures later down the production sequence. In software this would be an Alpha copy.

4. Once all this has been completed – a pilot production design is created and a small number of pre-production devices are made, sent out to knowledgeable and competent potential users to use and abuse before the final production design is finalized and accepted for production. In software this would be called a Beta copy.

5. Only after all of the above provide enough confidence that the product will work as expected and can be produced at the intended cost for the intended marketplace – is a full production-ready design signed out. And only then is the actual production process set up; parts ordered from vendors who have also gone through the above design, test, batter, break, redesign and finalize procedures.

6. AND ALWAYS -- IT IS UNDERSTOOD THAT IF THE PRODUCTION DEVICE FAILS TO FULFILL ITS INTENDED FUNCTIONS IN ITS INTENDED MARKET AND CANNOT BE RECTIFIED AND DOES NOT GAIN MARKET ACCEPTANCE WHICH WILL PAY FOR ITS DEVELOPMENT – AND/OR COST OF MARKETING – IT CAN AND WILL BE WITHDRAWN!

NONE OF THE ABOVE ARE BEING DONE WITH THE DRASTIC AND
NON-RECALLABLE SENATE “PATENT REFORM ACT” S.1145.

This is where the so called “Fairness” patent reform proponents depart and diverge from their own mandatory development practices and are attempting to short circuit safeguards to coerce Congress to pass the ill fated S.1145. This is a short sighted attempt to disrupt and deform our 218 year, evolved, tested and WORKING Patent System.

While THEY (the Patent “reform” promoters), can easily recall a faulty production run – CONGRESS IS NOT SET UP TO DO THAT. Judge Paul R Michel – Chief Judge of the U.S. Court of appeals for the Federal Circuit, on Monday January 28, 2008, characterized his concerns of the attempt to pass Senate Bill S.1145, by stating that once Congress acts, it could take between 15 and 50 YEARS to reverse destructive changes to our patent system. That would be close to 3 GENERATIONS to rectify, reform or repeal this complex legislation –IF it could ever be rectified, repealed or withdrawn. And this would would be decades too late to keep it from destroying American Technology.

If it passes – LEARN MANDARIN CHINESE –WE’LL ALL NEED IT!

Throwing out America's Future with the Bathwater- S.1145

noreply@blogger.com (InventorsBlog) — Tue, 26 Feb 2008 21:52:00 +0000

Vote out the Patent "Deform" Act- S.1145 from the Senate. Don't throw out the Baby(American Innovation) with the Bathwater! Contact YOUR Senators and tell them to "Just Say NO!" We need American Innovation and Patents!

Land of the Blind -- One Eyed Man is King

noreply@blogger.com (InventorsBlog) — Thu, 07 Feb 2008 06:54:00 +0000

“IN THE LAND OF THE BLIND
THE ONE EYED MAN IS KING”

By George Margolin -- an American Inventor

The American Patent system is the only one in the world that has even one working eye. Patent “reform” legislation, like H.R.1908/S1145 is designed to gouge out that one good eye so we are as blind as the sponsoring countries and companies they control.

America’s patent system may not be absolutely perfect, but it IS the most perfect and the BEST in the world! It has permitted -- no -- nurtured and encouraged -- American inventors to be the best and most productive in the world. Our patent system and our inventors gave us Airplanes, Telephones, Transistors, semiconductors, integrated circuits, electric lights, the phonograph, motion pictures, magnetic recording, alternating current, fiber optics, the laser, the MRI, the Heart Pacemaker THE INTERNET and much more than you or I can imagine.

If you don’t believe that our patent system is crucial to our well being -- look around you. Just imagine living without your phones and your lights, beepers, and the marvelous medical inventions -- creations of American Inventors -- that have saved many, if not all of our lives.

Some of our greatest American inventors, like Nikola Tesla, had to leave their ancestral homes to be free to invent. But when they arrived here -- they were able to use their great abilities and contribute enormously to our nation and the world -- aided by our nurturing patent system.

That ability to invent -- that spirit of creation -- is what we are talking about.. THAT is what foreign governments and the multi-national corporations that are their shills, are working to destroy. Do we really want to let them -- or worse -- help them do this? I don’t believe we do. But to avoid doing this, we have to recognize that they really ARE trying to destroy the American Patent System -- for their benefit -- not for America’s good. And that’s why Congress’ resolution, H.R.1908/S.1145 is only their most recent vehicle of destruction -- their Trojan horse, their block busting, dam busting bomb..

Believing that someone is trying to destroy us when the really ARE trying to destroy us, is NOT Paranoia. It is good survival instinct and good sense. Let us be sensible now. Or -- as Andy Grove, Intel’s chief wrote, “Only the Paranoid Survive.”

America’s patent system may not be perfect -- but it is the most perfect in the world -- by far. It is also the Best in the world. It is the fairest, the least expensive and it is absolutely the most effective patent system in the world! It has made America the most technologically creative and successful country the world has ever known. It fits our national personality and it has helped DEFINE our national personality, our sense of individual worth. And it has also made us the most successful and envied nation in the world. Do we want to let the envy and greed of others destroy what our insightful forefathers created?

Our creative and technological success makes us The “one eyed man” mentioned in the old parable, “In the Land of the Blind -- the one eyed man is king.” The H.R.1908/S.1145Legislation, which was just rammed through Congress via “suspension of the rules as Congressman Dana Rohrabacher himself said -- in a “heavy handed” and deceptive manner -- is designed to gouge out America’s one good eye!!!

A horrible thought, isn’t it? But that REALLY IS what is happening.
All the other countries have known of our CONSTITUTIONALLY defined, marvelously effective, patent system -- FOR TWO CENTURIES -- yet they chose not to use our clear model, but to build their own patent systems to maintain the status quo. So their inventors are NOT encouraged or rewarded. And because of that, no other country has independent inventors as we have in America. Is that OUR FAULT? Or their choice. Should we GUT our patent system because theirs are gutted? Should we gouge out OUR EYE because THEY HAVE CHOSEN TO BE BLIND!? THAT -- is what Congress just voted for us to do. Are we going to let it happen? It’s up to YOU!

The proponents of H.R.1908/S.1145 have not given us any reason to adopt it. They have given us no proof or even a clue of HOW it would be good for America., or WHY it would be good for America. Where’s the proof? What is the REAL purpose of this bill? It certainly isn’t to help America!

Our proof is abundant and definable. We have 2018 years of proof that our current, evolved, system Works. Otherwise, why would outsiders spend so much money and effort to try to crush the system that brought us to the top of the heap?

First Do No Harm

And they certainly have given us NO rational reason to RISK our 218 year old patent system and economy, with changes we’ll not be able to control or correct or even understand, for many DECADES. To vote for H.R.1908 or its Senate equivalent S.1145, IS TO VOTE FOR UNLIMITED RISK AND TO DO IRREPERABLE HARM TO OUR COUNTRY.

To vote AGAINST H.R.1908/S.1145 -- IS TO DO NO HARM -- TO OUR COUNTRY OR OURSELVES!

George Margolin, An American Inventor

Patent reform goes into the final rounds

noreply@blogger.com (InventorsBlog) — Tue, 18 Dec 2007 06:37:00 +0000

Orange County Register, Monday, December 17, 2007
Patent reform goes into the final rounds
Battle over how U.S. grants patents could affect individual inventors most.
JAN NORMAN
Register writer
jnorman@ocregister.com

O.C. INVENTOR:George Margolin, 78, of Newport Beach
displays a folding keyboard that was based on his original patent.
LEONARD ORTIZ, THE ORANGE COUNTY REGISTER

U.S. patent facts
• Patent applications in 2006: 452,633 (57,608 by Californians)
• Patent applications in 1966: 93,482
• Patents granted in 2006: 196,404 (22,888 to Californians)
• Patents granted in 1966: 71,886
• Percentage of patents granted to U.S. inventors in 2006: 52
• Percentage of patents granted to foreigners in 1966: 80
Source: U.S. Patent and Trademark Office

What is this?

Ladies and gentlemen, I draw your attention to the center ring for our feature match up.
In this corner wearing red trunks are information technology and software giants, multinational corporations, media conglomerates and the financial service industry.
And in the far corner in the blue trunks are the pharmaceutical companies, biotech firms, venture capitalists and individual inventors.

Welcome to the 2007 fight over U.S. patent reform. The stakes are high: Intellectual property in this country is worth $5 trillion, about 40 percent our annual gross domestic product.

Both sides claim the future of U.S. innovation and global competitiveness are at stake.

Without much fuss and publicity the House of Representatives passed its version in July. A companion measure also passed the Senate Judiciary Committee in July, but since then opponents – including the U.S. Patent and Trademark Office – have stopped passage.

Erica Chabot in the office of Sen. Patrick Leahy, author of the bill, said recently that Leahy hopes it will be the second or third issue the Senate takes up in January.
The proposed changes include:
• Switch from granting a patent to the first person to invent something to the first person to file for the patent.
• Limit damages to victims of willful infringement.
• Require publication of the application after 18 months regardless of whether a patent is ever issued.
• Require an applicant to submit a search and patentability analysis, increasing the cost.
• Authorize the Patent and Trademark office to limit continuation filings that add claims to an application.
• Allow challenges to the validity of a patent to be filed after the patent is granted.

These provisions respond to criticisms of the current patent system, according to Leahy.

"This bill is totally destructive to America, I'm not kidding. Congress is endangering the seed corn of the U.S. economy," says Newport Beach's most famous inventor, George Margolin, who at 78 increasingly resembles Albert Einstein.
Margolin holds 26 patents, having invented the front projection system used to create the backgrounds in 2001, a Space Odyssey; the first folding keyboard; the first portable microfiche reader; a safety syringe and more.

As the man spearheading opposition to the 2007 round of patent reforms for the Professional Inventors Alliance, Margolin is given to writing letters to Congressmen using lots of bold, underlining and capital letters and to drawing cartoons that depict the pending patent bills as aerial bombs aimed directly at U.S. technology.
Margolin stakes his position as the champion of the individual inventors and companies which account for 40 percent of U.S. patents, according to the U.S. Small Business Administration.

"Now we have Goliath yelling 'stop David from keeping me from killing him,'" is the way Margolin frames this fight.

The Coalition for Patent Fairness, backed by such companies as Intel, Dell, Hewlett Packard, Oracle and Apple, says that patent litigation is costing these companies millions of dollars.

But economist Pat Choate said that patent lawsuits as a percentage of all patents granted has remained about 1.5 percent for 15 years. There are more suits only because so many more patents are being issued.

For decades, multinational corporations have pushed for a "first-to-file" system used in the rest of the world. But the "first-to-invent" system is why all the great inventions have been American, Margolin said.

It is also questionable whether "first-to-file" is constitutional, said Newport Beach patent attorney John Connors. Article 1, Section 8 protects the rights of inventors, not filers.

Supporters say that the same system worldwide simplifies patents in the global economy. That argument is more important to multinational companies than the majority of individual U.S. inventors who never seek foreign patents.
Mandatory publication of patent applications is also an international issue that hurts small inventors, Margolin said. The patent office takes an average 32 months to approve or deny an application "so if you have to publish after 18 months, that's a whole year that foreign pirates have to steal it."

The publication requirement has existed since 1999, but U.S. inventors can opt out of publishing their application if they don't seek foreign patents for their ideas, Connors said. Current legislation would end that option.

Venture capitalists have voiced their opposition to current proposals because of the challenge to patents already granted and limit on damages.

"When a venture capitalist considers investment in a small company that holds one or more patents, the value of those patents is a determining factor in the decision," said Mark Heesen, president of the National Venture Capital Association. "If a startup is going to be burdened with endless challenges to the validity of its patents or if the startup doesn't have access to reasonable damages if a larger corporation infringes on that patent, it can hurt that company's chances of being funded."

Contact the writer: 714-796-7927 or jnorman@ocregister.com. Read more about small business at ocregister.com/jan.

RIP US Patent System Cartoon

noreply@blogger.com (InventorsBlog) — Fri, 02 Nov 2007 00:07:00 +0000

THE TRUTH ABOUT “BAD” PATENTS AND THEIR ROLE IN PATENT PROGRESS

noreply@blogger.com (InventorsBlog) — Thu, 01 Nov 2007 23:51:00 +0000

THE TRUTH ABOUT “BAD” PATENTS AND THEIR ROLE IN PATENT PROGRESS

By George Margolin Vice President – Professional Inventors Alliance

Here’s the REAL skinny on “bad” and non manufactured patents. Are they BAD as the Gargantuan Goliath Trans-National Corporations constantly complain or are these claims just stalking horses to let them CORRUPT DIMINISH AND DESTROY -- the BEST-IN- THE-WORLD AMERICAN PATENT SYSTEM? Read on for the answer.

First off – OUR patent system – was designed by our brilliant Founding Fathers. to offer inventors a chance to STOP HIDING their inventions asTRADE SECRETS in order to protect them from theft. Yet, at the same time, to TEACH those capable of learning about their new and improved inventions and creations. The TEACHING mode is THE MOST IMPORTANT part of our patent system.

But the DEAL WITH THE DISCLOSING INVENTORS WAS AND SHOULD NOW ALSO BE – the PROTECTION of that information through being kept SECRET by and in the patent office. After which – IF a patent ACTUALLY ISSUES – the information would be PUBLISHED for all in America – and the world as well – to learn from and build upon. But onlyh AFTER it was published and “protected” by a patent – “Congress shall have the power to PROMOTE THE PROGRESS of Science and useful arts by SECURING FOR A LIMITED TIME the E X L U S I V E right to their respective writings and discoveries.”

THE INVENTION AND FILING SEQUENCE FROM PATENT APPLICATION TO PATENT GRANTED

1. Inventor invents
2. Inventor discloses to the U.S. Patent Offfice
3. Patent office acknowledges receipt of disclosure and keeps it secret while examining the patent application/disclosure.
4. Patent office – after the time required – either ISSUES a patent or DENIES and REJECTS as patent.
5. IF ISSUED – the patent (not the application which may have changed during examination) is PUBLISHED
6. If REJECTED – the application with all its possible back and forths – and changes – is NOT published
7. If NOT published the inventor may re-file an IMPROVED (hopefully) application OR keep it as a trade SECRET
8. IF PATENTED AND PUBLISHED – the world is GIVEN this new knowledge – to BUILD UPON, but NOT INFRINGE until the patent terms out

That is – perhaps until NOW – the DEAL that has made America the Greatest Creators of vital technolog and LEADER of invention IN THE WORLD.

That means that ALL published patents --- whether they are “good” or “bad” patents – whatever “bad” means – as I learned in my training in the Psychological Arts,
--- “EVERYTHING IS GRIST FOR THE MILL” -- meaning that even the seemingly LEAST IMPORTANT DISCLOSURE of the least important patent disclosure or psychiatric session may lead to concepts and ideas and insights the COULD LEAD TO MAJOR BREAKTHROUGHS.

So that the most INSIGNIFICANT patent – might well be provide an EPIPHANY for someone to base a Better, More important or even World Shaking invention or innovation.

So – THERE ARE NO BAD PATENTS! ALL patents are designed to TEACH.

EARLY PUBLISHING BEFORE A PATENT ISSUES – destroys the entire “Quid pro Quo” BASIS OF THE AMERICAN PATENT SYSTEM and CHEATS the inventor out of ALL of his protection to EXCLUDE OTHERS as stated in the Constitution .

Stop the Patent "Reform" Act of 2007!

noreply@blogger.com (InventorsBlog) — Thu, 01 Nov 2007 14:57:00 +0000

PATENT LEGISLATION CARD GAME

noreply@blogger.com (InventorsBlog) — Sun, 23 Sep 2007 02:32:00 +0000

Let’s Play the Patent Legislation Card game

By Albert Onestone

Here are the Rules of the Game that H.R.1908 newly passed- through Congress, and is in process as S.1145 in the Senate. The object of this missive to let our friends in the Senate understand what the RULES MEAN and what MEAN RULES THEY ARE!.

Rule 1 First person who races to the patent office and brings a patent or alleged patent application to the USPTO – gets priority on obtaining the patent – even if he/she is NOT the original inventor as defined in the U.S. Constitution and even IF the patent is “premature” and faulty and perhaps NOT the same as it is purported to be. Because no one will know for sure for YEARS!

Rule 2 ALL patent applications filed in America will be subject to MANDATORY publishing on the Internet for all the world to see, copy, steal if they so desire. And why wouldn’t they desire to snatch a totally unprotected patent when they can -- if it is superior to what they might have been working on or “thinking about” or desiring – or NEED?

Rule 3 H.R.1908/S1145 has INVENTED a new kind of card game tentatively called “PAT APP POKER.” It’s Subtitle is “One against Six Billion” -- where ALL American Patent Applications are LAID OUT ON THE TABLE AND THE INTERNET -- FACE UP so that they can be vetted as in Rule 2. But BEYOND that – they can be used to ENHANCE the cards of all the other players on the table around the world.

Now here’s the part that makes the game so exciting -- we have no way of seeing or knowing or becoming aware of WHICH of Earth’s SIX BILLION INHABITANTS, in China or elsewhere, are able to LOOK, during the YEARS that these Applications are EXPOSED AND UNPROTECTED. And not only can ALL of the other players SEE ALL the cards – BUT they are able to “BORROW,” without recompense, THE CONTENTS OF ANY OR ALL OF THE CARDS FOR THEIR OWN USE – UNTIL – AND UNLESS, A PATENT MIGHT FINALLY, ISSUE SOME YEARS LATER. Of course – this means that “TAKERS” -- anyone in the world, anywhere in the world – will have had time to COPY, OPPOSE, SUPERSEDE, SURPASS, DEVELOP AND OSOLETE THE AMERICAN PATENT APPLICATION BEFORE IT CAN ISSUE AND BEFORE IT CAN PROTECT THE ORIGINAL INVENTION AND INVENTOR – OR AMERICA!

Rule 4 The “BEST MODE” requirement that has been part of our patent system for Decades if not Centuries – is herewith eliminated. Now THIS seems to be contrary to Article 1, Section 8, Paragraph 8 of the American Constitution which states –“Congress shall have the power to promote the progress of science and useful arts by securing for LIMITED TIMES the EXCLUSIVE right for writers and Inventors of their respective writings and discoveries.”

The DEAL between the Patent Office, representing America – and the Inventor – is that When and IF he/she discloses his/her invention – it will be protected and kept SECRET by the United States Patent Office UNTIL the time a Patent issues. Then, IFa Patent Issues, it will be published so at to provide TEACHINGS to American (then) and the world (NOW) so as to enhance and promote FURTHER inventions for those skilled in the art but who did NOT produce these inventions. And – up ‘til this “clever” legislation – if it does NOT issue – it is NOT published and may remain a trade secret or permit an improved patent application to be created. To Quote Ralph Waldo Emerson – “Invention Breeds Invention” and to quote myself, thanks to Mr. Emerson – Patents TEACH how to produce MORE and BETTER patents.

NOT teaching the Best Mode – is CHEATING on the deal with America. And THIS is a part of Senate Bill S.1145 as it was of the recently passed Congressional Bill H.R.1908. CHEATING America IS one of the unstated PURPOSES of this legislation.

Rule 5 Never give a sucker (new alias for Inventor) an even break. Do NOT allow VENUE PICKING! Stick it to the Plaintiff inventor by forcing the use of the courts – preferably in the Infringers HOME TURF. It must be fair because Microsoft would be willing to have the juries come from local Redmond or other close localities in Washington State. Needless to say the jurors, who might have relatives working at Microsoft, would CERTAINLY WORK HARD TO BE FAIR AND OBJECTIVE. Sure they would!!!

Rule 6 Willful Infringement clause – will willfully weaken or will it to death. Make it REALLY, REALLY DIFFICULT to prove Willful Infringement, which could cause a tripling of the award against proven infringers. Infringers LOVE this one.

You’ll find in the patent literature and on the patent blogs, that many Corporate Patent Lawyers tell ther engineers that they SHOULD NOT LOOK AT PATENTS RELATED TO THEIR PROJECTS FOR FEAR THEY MIGHT LEARN SOMETHING AND BE SUBJECT TO PENALTIES FOR WILLFUL INFRINGEMENT (another word for THEFT)! I am NOT making this up. When I asked some of the lawyers that I WOULD NEVER USE, what they thought of this – they would tell me that IF the engineer could SWEAR that he had Never Seen anything like it before he did it all by his little lonesome – the company would be spared the Willful Infringement penalty. Ok – I’m NOT a lawyer though I have worked with and hired HUNDREDS of them, some great, some good and some I’d rather forget about – BUT – NOT ONE OF THEM HAS EVER SUGGESTED SOMETHING AS STUPID AS THAT TO ME. NEVER! Whatever happened to “Ignorance of the law is no excuse?”

The PURPOSE of the American Patent System – is to TEACH and from Teaching to educate, illustrate, illuminate and provide the bricks and mortar to build ever better and higher concepts and inventions. Our patents are and were meant to be the rich, fertile soil that nurtures and encourages the growth of better and stronger products than those that grew before them.

When the old patent office in Crystal City existed – I would often work my way though the “shoes” (the boxes that held patents in each category) and by so doing would form exciting insights and improvement to the inventions I was working on and researching. “Invention Breeds Invention” as Patents Beget Patents. Now with the instantaneous ease of internet searching. I can not imagine any excuse NOT to know what patents are “out there.” One might, by finding them – REALLY create a superior improvement or alternative to what currently exists. To avoid researching is a frivolous act of FOOLISHNESS and SHOULD well be admonished, if not punished. And it SHOULD NOT be excused in legislation.

Finished the RANT now and breathing deeply.

Albert

THE REAL PURPOSE OF S.1145 PATENT ACT

noreply@blogger.com (InventorsBlog) — Sat, 22 Sep 2007 22:08:00 +0000

The REAL Purpose of S.1145/H.R.1908 Patent “REFORM” Legislation

“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 is being RUSHED THROUGH COMMITTEE, before the Senators CAN 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 Goliath Multi- 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 -- http://money.cnn.com/2007/07/02/magazines/fsb/patent_interview/?postversion=2007070306.

THIS LEGISLATION WOULD DESTROY OUR PATENT SYSTEM and ECONOMY!

This 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, POSITIVELY MAKE THE BACKLOG WORSE!