INVENTORS BLOG

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 But it is NOT to be published for the world to see and steal.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..

Below is one of my original cartoons that may help you visualize just how dangerous is unprotected, Premature, pre-Patent-publishing of applications to the world at large.

OR

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!

Over the Cliff on Senate S.1145

noreply@blogger.com (InventorsBlog) — Fri, 18 Apr 2008 05:55:00 +0000

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Vote No on S.1145

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!

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No Way Back Uncle Sam- Patent "Deform" Act

noreply@blogger.com (InventorsBlog) — Mon, 18 Feb 2008 06:56:00 +0000

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Patent Russian Roulette S.1145

noreply@blogger.com (InventorsBlog) — Sun, 17 Feb 2008 06:27:00 +0000

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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

Spies Eyes in the Internet Skies- S1145- Steal American Technology Act

noreply@blogger.com (InventorsBlog) — Thu, 01 Nov 2007 23:55:00 +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!