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U.S. Senate to take on patent reform bill issues
Posted:?Apr 8, 2008 7:10 PM

The U.S. Senate is expected to debate on the controversial patent reform bill following a court deci...[ View complete article ]


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U.S. Senate to take on patent reform bill issues

Posted:? Apr 8, 2008 7:10 PM
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Author:rjriley5000

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Points:? 115

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The U.S. Senate is expected to debate on the controversial patent reform bill following a court decision that struck down new rules the U.S. Patent and Trademark Office proposed to cope with a flood of patent applications.
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(1) Reply:U.S. Senate to take on patent reform bill issues Posted:? Apr 8, 2008 7:10 PM
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Author:rjriley5000

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Points:? 115

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The Coalition for Patent fairness & PIRACY, otherwise known as the Piracy Coalition is a small group of a bit over 150 companies whose patent piracy business models are incurring large liabilities. Legislators who promote the interests of disreputable companies are also incurring large liabilities. See: www.Docs.PIAUSA.org/PIAUSA/ for a copy of our New York Times full center page spread ad concerning this issue. PIAUSA is a democratic organization. While I realize that some of the legislators who signed onto the patent deform bill were misled the reality is that the majority of inventors are totally fed up with patent deform and are increasingly prone to take action to remove the responsible parties. It becomes more difficult all the time to prevent inventors from taking unilateral action. A majority of members of the inventor community feel that it is long past time to holding politicians accountable for their actions related to patent reform legislation. Patent Deform legislation (S. 1145 and HR 1908) was dealt a mortal blow in early March as a result of organized labor's opposition to the bill. The Coalition for Patent fairness & PIRACY (CPF or “C-poof”) and their high-priced lobbyists are having a panic attack behind closed doors while publishing press releases painting a rosy picture of imminent passage. AFL-CIO Issues Report Cards Scoring Performance of Members of Congress. Patent Deform is now part of the scoring system. Democrats are going to be reluctant to vote for patent deform when doing so is going to adversely affect their score. I expect that we will have another month to six weeks of the bill going through its death throws, but it will then expire. At that point the Professional Inventors Alliance (PIAUSA.org) will be looking at which of the proponents of the bill might be held accountable in upcoming elections. Perhaps next year we can address the real problem. Poor examiner working conditions are driving very high attrition. We only have one third as many examiners as we need. While USPTO management collects fees based on patent complexity, examiners are allocated a strict 20.5 hours for each patent application no matter the complexity. USPTO management is either grossly incompetent and/or corrupt. A cynic might surmise that USPTO management is perfectly willing to promote the interests of thieving transnational companies in the hope of improving their post USPTO employment opportunities. Problems at the USPTO are due to classic labor issues and PIAUSA is extremely pleased that a broad spectrum organized labor is recognizing this to be the core problem with the patent system. The Professional Inventors Alliance (PIAUSA.org) has been working with the American Ingenuity Alliance for many years to save American ingenuity, jobs, and the tax base of our communities from the excesses and shortsightedness of transnational corporate greed. PIAUSA is working hard to halt transnational corporations from stealing American inventor's work and shipping it to slave wage countries. It is ironic that these hypocritical corporations constantly whine about theft of their intellectual property while they are systematically destroying independent and small business to facilitate theft of other's patent properties. This practice is killing startup companies who could create decent paying jobs and a solid tax base which America desperately needs to replace jobs which these transnational corporations are exporting to low wage counties. Furthermore, we believe that all employed inventors should receive a royalty in addition to their base pay and we believe that assignments should by law have to be renewed annually as part of the employee's review. At this time companies stick a pile of papers in front of new employees to sign, including assignments and the assignments are open ended. When the employee starts producing inventions, often many years later, the assignment comes into play. Once the assignment is in force it is not a factor in ongoing wage and benefit discussions. Even more egregious is the fact that companies use these outrageously broad assignment agreements with all employees, including those at the lowest pay scale such as secretaries and janitors. The result is that much of the time employees have jobs which have nothing to do with inventing which they are expected to do while producing an invention as unpaid overtime. A side effect of this situation is that employees quickly learn that disclosing an invention is not in their interest. Surely this is an unintended consequence of short sighted and short-term gain oriented management. Can America afford to have this situation continue at a time when innovation has become so important to our competitiveness? On a related matter, PIAUSA would also like to see the abomination which has been misnamed "free trade" turned into responsible and equitable trade. We recognize that globalization is inevitable, but we believe that it is long past time that management of this transition is taken from transnational corporations who have used it as cover to drive obscene profits at the expense of people in both developed and developing countries. Ronald J. Riley, Speaking only on my own behalf. Affiliations: President - www.PIAUSA.org - RJR at PIAUSA.org Executive Director - www.InventorEd.org - RJR at InvEd.org Senior Fellow - www.patentPolicy.org President - Alliance for American Innovation Caretaker of Intellectual Property Creators on behalf of deceased founder Paul Heckel Washington, DC Direct (202) 318-1595 - 9 am to 9 pm EST.
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(2)

Reply:U.S. Senate to take on patent reform bill issues

Posted:? Apr 8, 2008 9:25 PM
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Author:smoskowitz

Level:? Interns

Points:? 105

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Reject this Special Interest Hand-out and Keep America Competitive! originally hand-delivered October 22, 2007 The Honorable First Name Last Name United States Senate Washington, DC ZIP 4 Dear Senator Last Name: Atlas Has Left … Opposition to The Patent Reform Act of 2007 Without equal, America’s patent system is as uniquely American as humankind’s greatest invention, our beloved Democracy. But, come November 1st, the United States Patent & Trademark Office will limit inventors to five (5) inventions. Without an iota of evidence, proponents of these changes, embodied by The Patent Reform Act of 2007 (S. 1145), will irreparably damage the value of our collective intellectual property. American strength will suffer. Surely authors should not be limited to five (5) books, nor Senators to five (5) votes. Indeed, what five (5) inventions would Edison have been entitled? At no time has it been as exasperating for this proud American inventor to see the Congress retroactively weaken foundational rights succinctly articulated in The Constitution, Article 1 – The Legislative Branch, Section 8 – Powers of Congress: “To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.” No words are minced, nor is there evidence of spin. With all due respect, I urge you, the Senate, the “living symbol of our union of states”, not to strengthen the hand of Infringers! It is unconscionable that we have arrived at such a juncture in stark contrast with our Nation’s proud heritage as the leader in the marketplace of ideas. Of my twenty-seven (27) patents (22 issued, 4 allowed and 1 European patent), several embody fundamental techniques for copyright protection. Unselfishly, these inventions should not be accorded any value less than the copyrights being protected. Frankly, a patent for the next encryption algorithm is more invaluable to these United States than a copyright on the movie telling the story of that algorithm. I agree with Mr. Chris Israel, the U.S. Coordinator for International Intellectual Property Enforcement, when he recently stated: “Cases such as this remind us strong enforcement is a significant part of the effort to eliminate piracy, and that we have an effective legal system in the U.S. that enables rights holders to protect their intellectual property. … Piracy impacts many of our most innovative industries, costs American jobs and is a huge threat to our economic competitiveness”. Indeed, the highly unpredictable outcomes of costly patent litigation is emblematic of a last ditch effort to enforce the Individual rights of Entrepreneurs of thought. Society is clearly enriched by the free flow of ideas competing for the attentions of the day. This Great Nation should encourage vigorous, transparent debate on the economic value attributed to any resulting intellectual property. In fact, even before The Constitution was ratified, twelve States had already determined the rights of inventors to be inviolate. One State preamble read, in part: As the principal Encouragement such Persons can have to make great and beneficial Exertions of this Nature must exist in the legal Security of the Fruits of their Study and Industry to themselves; and as such Security is one of the natural Rights of all Men, there being no Property more peculiarly a Man's own than that which is produced by the Labour of his mind. Reasonably stated, if we knew what would succeed in the marketplace we could simply assign prices to patents, akin to old Soviet fixed-pricing policy. Invisible Hand not needed. Competition not required. To essentially eliminate the strongest incentive to those who invent today what is bought and sold tomorrow is simply un-American. The Patent Reform Act of 2007 (S. 1145) and the new Federal Rules offer no benefit to Society. The very passion of American inventors cannot be harmonized and should never be taken for granted. Please protect our living treasures and reject this inherently flawed bill. Yours Faithfully, /Scott Moskowitz/ Scott Moskowitz Founder & CEO Blue Spike, Inc. P.S. A Majority of Americans Oppose the Patent Reform Act! Proponents of the Bill Refuse Open & Transparent Debate on this Seminal Move to Undermine American Invention! The Patent Reform Act of 2007: Responding to Legitimate Needs or Special Interests? The "Patent Fairness" Issue An Analysis by Pat Choate, Ph.D. http://www.tplgroup.net/legislation/pdf/Analysis103007.pdf Video on Patent Reform Act of 2007 – No American Inventor favors Patent Reform! http://www.youtube.com/watch?v=-lewaN3t29U Patent Reform Act Includes the Sen. Sessions Amendment to Hand Out $1.4 Bil of Taxpayer Money (projected as high as $20 Bil) to Infringing Banks http://www.capwiz.com/congressorg/sbx/f/?aid=11118516&r=1 USPTO RULES SHOT DOWN - PATENT REFORM ACT Haste Makes Waste - Reject Patent Reform Act!!! http://capwiz.com/congressorg/sbx/f/?aid=11232966&r=1
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