http://thehill.com/opinion/op-ed/193274-protect-innovation-in-america

18 Dec

‘Take for example the small coffee shop’

These imaginary scenarios are trumped up by large multinational invention thieves who hoodwink Congress and the White House into passing bills which unfairly benefit them and in the end only make it easier for large firms to rob and crush their small competitors. Rarely does a patent holder ever sue a ‘small coffee shop’ for one simple reason -they don’t have money to pay. Such specious arguments are nothing but red herrings. Hatch is duped or doped. All these bills do is legalize theft.

“patent troll”

infringers and their paid puppets’ definition of ‘patent troll’:

    anyone who sues us for stealing their invention

All this talk about trolls is just spin control by large infringers and their paid puppets to cover up their theft.

The patent system now teeters on the brink of lawlessness. Call it what you will…patent hoarder, patent troll, non-practicing entity, shell company, etc. It all means one thing: “we’re using your invention and we’re not going to stop or pay”. It’s a pure red herring by large invention thieves and their paid puppets to kill any inventor support system. Their goal is to legalize theft. The fact is, many of the large multinationals and their puppets who defame inventors in this way themselves make no products in the US or create any American jobs and it is their continued blatant theft which makes it impossible for the true creators to do so. To them the only patents that are legitimate are their own -if they have any. Meanwhile, the huge multinationals ship more and more US jobs overseas.

It’s about property rights. They should not only be for the rich and powerful -campaign contributors. Our founders: Jefferson, Franklin, Madison and others felt so strongly about the rights of inventors that they included inventors rights to their creations and discoveries in the Constitution. They understood the trade off. Inventors are given a limited monopoly and in turn society gets the benefits of their inventions (telephone, computer, airplane, automobile, lighting, etc) into perpetuity and the jobs the commercialization of those inventions bring. For 200 years the patent system has not only fueled the US economy, but the world’s. If we weaken the patent system, we force inventors underground like Stradivarius (anyone know how to make a Stradivarius violin?) and in turn weaken our economy and job creation. Worse yet, we destroy the American dream -the ability to prosper from our ingenuity for the benefit of our families and communities. To kill or weaken the patent system is to kill their futures. Show me a country with weak or ineffective property rights and I’ll show you a weak economy with high unemployment. If we cannot own the product of our minds or labors, what can we be said to truly own. Life and liberty are fundamentally tied to and in fact based on property rights. Our very lives are inseparably tied to our property.

Prior to the Supreme Court case eBay v Mercexchange, small entities had a viable chance at commercializing their inventions. If the defendant was found guilty, an injunction was most always issued. Then the inventor small entity could enjoy the exclusive use of his invention in commercializing it. Unfortunately, injunctions are often no longer available to small entity inventors because of the eBay decision so we have no fair chance to compete with much larger entities who are now free to use our inventions. Essentially, large infringers now have your gun and all the bullets. Worse yet, inability to commercialize means those same small entities will not be hiring new employees to roll out their products and services. And now those same parties who killed injunctions for small entities and thus blocked their chance at commercializing now complain that small entity inventors are not commercializing. They created the problem and now they want to blame small entities for it. What dissembling! If you don’t like this state of affairs (your unemployment is running out), tell your Congress member. Then maybe we can get some sense back into the patent system with injunctions fully enforceable on all infringers by all patentees, large and small.

Those wishing to help fight big business giveaways should contact us as below and join the fight as we are building a network of inventors and other stakeholders to lobby Congress to restore property rights for all patent owners -large and small.

For the truth about trolls, please see http://truereform.piausa.org/default.html#pt.
https://piausa.wordpress.com/
http://www.hoover.org/publications/defining-ideas/article/142741
http://ssrn.com/abstract=1792442

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One Response to “http://thehill.com/opinion/op-ed/193274-protect-innovation-in-america”

  1. staff3 December 18, 2013 at 5:04 am #

    Today I listened to the Senate hearings about “Protecting Small Businesses and Promoting Innovation by Limiting Patent Troll Abuse”.

    I also read an article in the Hill in which Senator Hatch claims that “Our country’s patent system provides incentives to invent, invest in, and disclose new technology.” Sadly the Act put before the Senate Judiciary Committee will go a long way to undermine and destroy the “incentives” he lists.

    Start-ups and inventors do not have the deep pockets of the corporate behemoths who support the Senator and his Bill. When an individual or start-up with new important technology finds that they must face the risk of losing their company or their homes just to try to enforce their patent they will make the logical choice. No patent at all.

    No patent is the logical choice, along with a focus on trade secrets. The technology communications via the patent system that have fueled our economy will be no more, because the large deep pockets have only money not creativity.

    No mention of these concerns and the logical results among inventors has been made in the hearings held on the Bill.
    Why?
    Not even one inventor was asked to testify, not one!
    That’s why.

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