Fwd: The Patent Act Is a Cheat on Americans VERY MUCH LIKE CODEX!!!!!

November 6, 2007

The Patent Act Is a Cheat on Americans

for any inventors and patent holders like Stan, this

bill has enormous implications - all harmful - to

Americans

Globalists' Plan to Give Away U.S. Patents

October 31, 2007

by Phyllis Schlafly

When displaced American workers complain about outsourcing U.S.

manufacturing jobs to take advantage of cheap Chinese factory labor, and

about insourcing low-paid Asians on H-1B visas to take engineering and

computer jobs, the globalists and multinational corporations have a ready

answer. They recite in chorus: don't worry, be happy, because American

technology and innovation enable us to compete in the global

market.

But now those same globalists and multinationals are trying to outsource

our technology and innovation advantage by delivering a body-blow to our

unique and original patent system. This plan comes under the deceptive

label Patent " Reform " Act

(H.R.

1908), and it's already been rushed through the U.S. House.

Our patent system is the reason why nearly all the world's great

inventions are American, giving us a standard of living that is the envy

of the world. The right of inventors, large and small, to own their own

inventions, is so important that it (along with copyright) is the only

" right " protected in the original U.S. Constitution (preceding

all the more famous rights spelled out in constitutional

amendments).

A combination of foreigners who make a business of stealing our

intellectual property, and the multinationals who want to avoid paying

royalties to small inventors, have ganged up to get Congress to do their

bidding. The battle is going on behind closed doors between the

corporations with highly-paid lobbyists vs. the small inventors and

businesses who produce 40 percent of U.S. innovation.

This attempt to bully the small guys with legislation doesn't make sense.

But it's rolling through the halls of Congress because it has dodged

publicity.

Item #1: The Patent " Reform " Act would change the rule

for granting patents from the American first-to-invent requirement to the

foreign procedure called first-to-file. This provision is arguably

unconstitutional: the U.S. Constitution protects the ownership

" right " for " inventors, " not filers.

There is no good reason to prefer any foreign procedure over the

successful American system. And there is a mighty good reason not to:

first-to-file would bring a tsunami of applications ground out by the

multinationals' large staffs, leaving the small inventors buried in

paper.

Item #2: The Act would make it mandatory for the U.S. Patent

Office to publish (i.e., post on the internet) all inventions 18 months

after date of application, thereby repealing the option now used by 37

percent of American inventors to prevent publication by agreeing not to

file in foreign countries. The big winner of this nasty provision would

be the Asian pirates who sit at their computers and steal American

inventions between publication at 18 months and 32 months, which is the

average time it takes for a patent to be granted.

Item #3: The Act would create post-grant review, a process that

would enable patent infringers to challenge the validity of a patent

after it is issued without going to court, thereby making the inventor's

ownership vulnerable and reducing his ability to attract venture capital

to produce it. The big winners would be the multinationals with lots of

lawyers.

Item #4: The Act would reduce the damages that a judge and jury

can award to an inventor after proof that his invention has been stolen

or infringed. Again, the winners would be the multinationals with big

legal departments and deep pockets.

Item #5: The Act would weaken protections under U.S. trade laws

that prevent foreign pirates from exporting their products made with

stolen intellectual property into the United States. The result would be

a perverse incentive to export our technology and jobs to foreign

countries.

The advocates of the Patent Act say that it is needed to reduce patent

litigation. Au contraire: the bill is more likely to increase not reduce

litigation, and the percentage of lawsuits has remained constant for the

last 15 years at about only 1.5 percent of all patents granted.

In 2007, the Supreme Court and the Federal Circuit (which hears patent

appeals) handed down several precedent-changing decisions about patents

which appear to shift the balance of power away from independent

inventors and small businesses. The Patent " Reform " Act was

written before any of these important decisions, and we should wait and

see their effect before rushing in with new legislation.

There are a couple of problems with our current patent process that need

fixing, but the Patent Reform Act doesn't address those. Congress should

restore to the U.S. Patent Office the revenue from the fees paid by

inventors with their applications, which Congress took away in 1999 in

order to divert the money to federal spending projects.

With more revenue, the Patent Office could hire and train more qualified

examiners so that patent applications could be processed within 18

months.

Americans cannot afford to get it wrong about protecting our patent

system. It is crucial to maintaining our world leadership in technology

and innovation.

http://www.eagleforum.org/column/2007/oct07/07-10-31.html

maiAt 12:21 PM 11/5/07, you wrote:

The Patent Act Is a Cheat on

Americans

for any inventors and patent holders like Stan, this bill has enormous

implications - all harmful - to Americans

related: The Globalists' Plan to Give Away U.S. Patents

October 31, 2007

by Phyllis Schlafly

When displaced American workers complain about outsourcing U.S.

manufacturing jobs to take advantage of cheap Chinese factory labor, and

about insourcing low-paid Asians on H-1B visas to take engineering and

computer jobs, the globalists and multinational corporations have a ready

answer. They recite in chorus: don't worry, be happy, because American

technology and innovation enable us to compete in the global

market.

But now those same globalists and multinationals are trying to outsource

our technology and innovation advantage by delivering a body-blow to our

unique and original patent system. This plan comes under the deceptive

label Patent " Reform " Act (H.R. 1908), and it's already been

rushed through the U.S. House.

Our patent system is the reason why nearly all the world's great

inventions are American, giving us a standard of living that is the envy

of the world. The right of inventors, large and small, to own their own

inventions, is so important that it (along with copyright) is the only

" right " protected in the original U.S. Constitution (preceding

all the more famous rights spelled out in constitutional

amendments).

A combination of foreigners who make a business of stealing our

intellectual property, and the multinationals who want to avoid paying

royalties to small inventors, have ganged up to get Congress to do their

bidding. The battle is going on behind closed doors between the

corporations with highly-paid lobbyists vs. the small inventors and

businesses who produce 40 percent of U.S. innovation.

This attempt to bully the small guys with legislation doesn't make sense.

But it's rolling through the halls of Congress because it has dodged

publicity.

Item #1: The Patent " Reform " Act would change the rule for

granting patents from the American first-to-invent requirement to the

foreign procedure called first-to-file. This provision is arguably

unconstitutional: the U.S. Constitution protects the ownership

" right " for " inventors, " not filers.

There is no good reason to prefer any foreign procedure over the

successful American system. And there is a mighty good reason not to:

first-to-file would bring a tsunami of applications ground out by the

multinationals' large staffs, leaving the small inventors buried in

paper.

Item #2: The Act would make it mandatory for the U.S. Patent Office to

publish (i.e., post on the internet) all inventions 18 months after date

of application, thereby repealing the option now used by 37 percent of

American inventors to prevent publication by agreeing not to file in

foreign countries. The big winner of this nasty provision would be the

Asian pirates who sit at their computers and steal American inventions

between publication at 18 months and 32 months, which is the average time

it takes for a patent to be granted.

Item #3: The Act would create post-grant review, a process that would

enable patent infringers to challenge the validity of a patent after it

is issued without going to court, thereby making the inventor's ownership

vulnerable and reducing his ability to attract venture capital to produce

it. The big winners would be the multinationals with lots of

lawyers.

Item #4: The Act would reduce the damages that a judge and jury can award

to an inventor after proof that his invention has been stolen or

infringed. Again, the winners would be the multinationals with big legal

departments and deep pockets.

Item #5: The Act would weaken protections under U.S. trade laws that

prevent foreign pirates from exporting their products made with stolen

intellectual property into the United States. The result would be a

perverse incentive to export our technology and jobs to foreign