Finally, U.S. Inventors see a real attempt to right the wrong caused by the 2011 Leahy–Smith America Invents Act.
According to the latest “findings’ by the U.S. Supreme Court, private property (patents) is not personal property but “GOVERNMENT FRANCHISE.”
It means that your “fruits of labor” belong to the Government and the Government allows you to use them. Legally, you, the laborer (Inventor), are not a person in its rights but the “chattel” owned by the Government.
Logically, In simple English translation, according to the Supreme Court, the laborer (Inventor) is a “SLAVE.”
You will not find a better description of the system we used to see behind the “IRON CURTAIN.”
COMMUNISM is the name of the system I know from my experience and forced to leave. Everything there was a “Government franchise” like the SUPREME interprets. Suppose we intend to limit beneficiaries of any economic system to just a few. Let’s name it Communist Party or Big Tech. The outcome is always the same.
Astonishing is the fact that our right-leaning U.S. Supreme Court, in its relentless madness trying to serve the BIG TECH, comes to such a conclusion. The 2011 Leahy–Smith America Invents Act was a significant step in eliminating Inventor Rights. It follows a long list of similar actions, for example, where eBay can disregard other people’s property rights and use it at will. From invention ownership, it is just a tiny step for Supreme Court to take away your other private property rights. Civil forfeiture law is an example of our reality. It exists in direct defiance of the U.S. constitution. Supreme Court “legislating” from the bench puts itself in direct competition with U.S. congress, with no hesitation encroaching on Congress domain, without hesitation misinterpreting the statutes to apply its homegrown philosophy. Everything in the name of limiting the size of the Government (potentially acting in the name of constituents ) and allowing the big enterprise to exist with no competition. And this is the GOAL—unrestricted Domination. Today Russia or Google or Facebook, there is no difference in their ambitions. The only difference is their tools.
Congressman Massie Restoring America’s Leadership in Innovation Act, H.R. 5874, sponsored already by a number of legislators, brings back the patent laws for 200 years, making the U.S. patent law worldwide gold standard.
In its current state, it is Not a Gold Standard anymore. The 2011 American Invent Act, among others introduced in our reality PTAB (known as Patent Death Squad), USPTO division examining issued patents and INVALIDATING 84% of them. The cost of legally defending a patent upfront of just this “tribunal” is estimated at $450,000 a pop, with unlimited challenges designed to finish off financially the patent holder.
Big tech with Deep Pockets doesn’t need any Patent protection relying on its Market domination. The current system allows them to squash easily any garage-based inventor and steals his invention. With unaffordable for Inventors/startups, legal costs involved, “Efficient Infringement” become standard practice.
In short, as of today is safer not to apply for a patent in the U.S. since this document is not giving you any real rights or protection. You are exposing yourself to financial ruin by publishing your work since every valuable invention will be successfully challenged by moneyed competition. There is simply no upside for the Inventor. Even if USPTO denies you a patent, 18 months from the application submission date, they still publish your work for the world to see and use.
Do you want the U.S. to remain a hub of innovation? China is currently modifying its patent laws to match the model of the German law. They are already dominating in certain areas and competing with the U.S.; they use the PTAB fully to their advantage. Support H.R. 5874
Donate to U.S. inventor organization working on restoring U.S. patent laws.
