Senate Is Shameful Beyond Words W/ Thr Stance To Pass Th Patent Bill!

JimofPennsylvan

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The Senate will be truly significantly hurting America, significantly diminishing the quality of our culture, if it passes the "Patent" bill which they took a procedural vote on this week. This bill with its historic change giving a patent to the person that is the first to file a patent application as opposed to the person who is the first to invent the idea that is the subject matter of the patent if it becomes law will be an "unjust" law. Fairness and justice calls for giving the legal/patent rights and all the monetary benefits such rights provide to the inventor of an invention not the first to file the legal paperwork on the invention the way the law has been for the over two hundred years of our countries history. Patents have a profound positive effect on American inventors' lives and their families' lives it can bring prosperity for generations, this change to patent law will result in terrible and tragic cases where American inventors and their families will be denied sharing in the monetary benefits that stem from their inventions; members of the Senate may not want to consider this but what they will be in truth doing if they pass this bill is conspiring in the commission of thefts from inventors who lose their rights over their inventions as a result of the change in patent law. Besides the Senate will be taking away from America some of its greatness with their actions here because part of America's greatness is that her laws advance principles and human rights to the maximum extent and this change will be a dramatic rollback in this pursuit!


It should not be said that the Senate, the House and the President don't have work to do in this area. The American people see how companies that bring new products or services to the marketplace are not infrequently sued for patent infringement and there is an unfairness there because a reasonable person considering all the facts would conclude that the business displayed no bad faith or intention in regards to taking another person's(s') property rights. An obvious resolution which Washington may want to consider is keep the "first to invent" standard for giving patents but as long as a person/business that filed a patent application had no knowledge that another invented or probably invented an invention and that inventor has not gotten a patent or if the patent applicant had this knowledge but the inventor has not pursued commercialization of the invention by seeking a patent for a fair amount of time like six years the patent filer gets a permanent "license to use" the invention. Even if the Senate can't reach legitimate consensuses on improving this patent infringement lawsuit problem, this bill with its "first to file" standard is unjust and shouldn't be enacted into law there isn't even an issue here it is patently obvious to good Americans!
 

freedombecki

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What kind of star is this "Patent Bill" hitched to, Jim?

The trouble with some of Obama's stated bills is that in the reams of paper they're printed on, stuff gets in there that should not be there because Congress doesn't have time to read large white papers masquerading as bills. Is the Bill one or two paragraphs, or does it go on and on and on and on like the Health Care bill did?

Having a Congress that is wise enough to know the difference of parading one good cause to draw in 1500 items that destroy the Citizens Bill of Rights and insuring no passage is better than agreeing to who knows what all Obama is trying to pull.

Obama's been called, nobody trusts him and his cronies any more, he's done. The Congress is doing their job, and if all they can do is just stop the madness until the American people get to vote on somebody else, if the thought has merit, they can simply pass the short, 1-issue-only bill that does what is right.
 

Charles_Main

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You are right, it's not perfect. But neither is the current system where you can wait literally Years to receive a patten.

Don't worry the Senate can do what ever they want. It's not getting through the House.

Obama's Jobs plan is exposed for the Farce it is. He thought he could talk his way out of this mess. He can't, The American People are on to him. They saw him Turn a Joint Session of congress into a Partisan Stump speech, and try to pass of a bill full of massive new spending, Pay offs to Unions, and Promises of Massive new Taxes on the "rich" as a Bi-Partisan Bill. It didn't work.

Oh the Democrats will play their games, and say look the Republicans are standing in the way of Jobs, But Enough of the American People can no see right through Obama's Games that it is not going to work this time.

Obama can't run on Hope and Change, He can't run on blaming the Republicans, The American people are going to except nothing less than him explaining his Policies, and Positions and Owning them. If he can not win on his record, He is not going to win.

Gonna go down as one of the worst leaders we have ever had, and perhaps the most openly Divisive, and Partisan President in our History. Arrogant, Egotistical, and dishonest.

A real Shame really. I would have been nice to see him deliver on his lofty Promises of Hope and Change. Instead all he has done is make us Hope for a change in 2012.
 

flacaltenn

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Would be very detrimental if it has a chance of passing. Please monitor this and let us know IF it proceeds. Would also like the names of the sponsors...
 

freedombecki

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You are right, it's not perfect. But neither is the current system where you can wait literally Years to receive a patten.

Don't worry the Senate can do what ever they want. It's not getting through the House.

Obama's Jobs plan is exposed for the Farce it is. He thought he could talk his way out of this mess. He can't, The American People are on to him. They saw him Turn a Joint Session of congress into a Partisan Stump speech, and try to pass of a bill full of massive new spending, Pay offs to Unions, and Promises of Massive new Taxes on the "rich" as a Bi-Partisan Bill. It didn't work.

Oh the Democrats will play their games, and say look the Republicans are standing in the way of Jobs, But Enough of the American People can no see right through Obama's Games that it is not going to work this time.

Obama can't run on Hope and Change, He can't run on blaming the Republicans, The American people are going to except nothing less than him explaining his Policies, and Positions and Owning them. If he can not win on his record, He is not going to win.

Gonna go down as one of the worst leaders we have ever had, and perhaps the most openly Divisive, and Partisan President in our History. Arrogant, Egotistical, and dishonest.

A real Shame really. I would have been nice to see him deliver on his lofty Promises of Hope and Change. Instead all he has done is make us Hope for a change in 2012.
You're right, too, Charles Main. We do need a shorter wait for patents, although they need to be computerized, maybe, if it isn't already, to help those who issue the patents take a good approach to this.

496 Days, 18 Hours left
 
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FA_Q2

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The entirety of that system needs to be reformed, starting with the ability to file a patent on an item that you have not, nor plan to, invent. This is just one more nail in the coffin that supports large corporations in massively patenting things as a block to other companies crating rather than to promote creating it themselves.
 

midcan5

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Obama could spin flax into gold and you whiners would still whine. Hatred of our president boggles the mind - or is it just loss of power pays for many mouths of discontent? Removing the first this, first that argument will reduce the fog of invention, and if an inventor has been wronged we still have a legal system. You guys would hate the legal system if Obama mentioned it. Sore losers all. Too bad democracy has so little appeal to the right today.

"The measure would switch the United States from the "first-to-invent" system to the "first-inventor-to-file" system for patent applications. That change would put the U.S. in line with other industrialized countries."

Read more: Senate OKs patent system overhaul
 
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Vel

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Obama could spin flax into gold and you whiners would still whine. Hatred of our president boggles the mind - or is it just loss of power pays for many mouths of discontent? Removing the first this, first that argument will reduce the fog of invention, and if an inventor has been wronged we still have a legal system. You guys would hate the legal system if Obama mentioned it. Sore losers all. Too bad democracy has so little appeal to the right today.

"The measure would switch the United States from the "first-to-invent" system to the "first-inventor-to-file" system for patent applications. That change would put the U.S. in line with other industrialized countries."

Read more: Senate OKs patent system overhaul
Why should we want to be just like other industrialized nations? Try to remember.. Leaders LEAD.
 

FA_Q2

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Obama could spin flax into gold and you whiners would still whine. Hatred of our president boggles the mind - or is it just loss of power pays for many mouths of discontent? Removing the first this, first that argument will reduce the fog of invention, and if an inventor has been wronged we still have a legal system. You guys would hate the legal system if Obama mentioned it. Sore losers all. Too bad democracy has so little appeal to the right today.

"The measure would switch the United States from the "first-to-invent" system to the "first-inventor-to-file" system for patent applications. That change would put the U.S. in line with other industrialized countries."

Read more: Senate OKs patent system overhaul
Yes, because other nations have been leading the world in new technologies for decades now... no wait..ummmm

You are an idiot of the highest order. Give me one single solitary excuse for an inventor that FIRST created something to have his creation taken away because you got a lawyer first and filed a fucking piece of paper. There is not.



In your words, Obama could eat a meal of small children on national TV and you worshippers would still lay prostrated on his alter. The worship of our current president boggles the mind.



Anything this president does for you is holy and untouchable. That is plain sick.
 

flacaltenn

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Well they did it.. Passed by 89 to 9.. Want to know why us "partisians" hate the CRAP out of "bipartisianship".. Because of stuff like this.. Ends up screwing the little guys in favor of the big guys with this "first to file" BS....

Senate sends patent bill to president by 89-9 vote - Boston.com


Proving that Congress can, on occasion, put aside partisan differences, the Senate voted 89-9 for legislation that supporters say will streamline the patent process, reduce costly legal battles, and give the US Patent and Trademark Office the money it needs to process patent applications in a timely fashion.
U.S. Senate: Legislation & Records Home > Votes > Roll Call Vote

No rhyme or reason to the 9 dissenting votes. Probably the only ones that actually read the bill...
 

FA_Q2

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Well they did it.. Passed by 89 to 9.. Want to know why us "partisians" hate the CRAP out of "bipartisianship".. Because of stuff like this.. Ends up screwing the little guys in favor of the big guys with this "first to file" BS....

Senate sends patent bill to president by 89-9 vote - Boston.com


Proving that Congress can, on occasion, put aside partisan differences, the Senate voted 89-9 for legislation that supporters say will streamline the patent process, reduce costly legal battles, and give the US Patent and Trademark Office the money it needs to process patent applications in a timely fashion.
U.S. Senate: Legislation & Records Home > Votes > Roll Call Vote

No rhyme or reason to the 9 dissenting votes. Probably the only ones that actually read the bill...
Now there is your real reason. Senators don't have time to actually read what they are passing. Instead, the introduction is enough to tell them weather it is something they can tout in front of voters for reelection or not and that is all that really matters after all. All these senators will now say how they streamlined the process :)
 

FA_Q2

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Don't worry the Senate can do what ever they want. It's not getting through the House.
I believe it has already passed that as it is headed to the president. If I am not mistaken, he may have already signed it as well.
 

Polk

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I don't really have a strong stance on this bill. Both sides of the argument have some merit. What stinks is that it doesn't address the real problem: super-vague patents that can be basis of suit on virtually any other firm in the same sector.
 

flacaltenn

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first to file. finally.

welcome to the rest of the world.
REALLY? Have you thought this thru? A housewife that builds a $Mill business and decides to run fast and WITHOUT a patent can be shut down by someone who actually files a patent YEARS after she's had the same product on the market?

Right now -- the only thing the housewife has to do to protect herself from challenges is to DOCUMENT the invention and date it.
NOW -- you're gonna REQUIRE her to race to the patent office FIRST? With what capital?

Can you imagine the Patent Office approving a new patent for an interloper when there's a shelf of these things at WalMart from a previous inventor?
Tell me how this is not gonna happen...

Or a big corporation can win a patent REGARDLESS of the fact that it was actually invented (patentless) somewhere in the past?

All this is -- is more REGULATION REQUIRING you to file patents. Do it or some unemployed patent lawyer will steal your invention whenever they please..

Full employment for patent lawyers.. MORE frivolous patents that probably should never have been attempted..
 
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L.K.Eder

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first to file. finally.

welcome to the rest of the world.
REALLY? Have you thought this thru? A housewife that builds a $Mill business and decides to run fast and WITHOUT a patent can be shut down by someone who actually files a patent YEARS after she's had the same product on the market?


Or a big corporation can win a patent REGARDLESS of the fact that it was actually invented (patentless) somewhere in the past?

All this is -- is more REGULATION REQUIRING you to file patents. Do it or some unemployed patent lawyer will steal your invention whenever they please..

Full employment for patent lawyers.. MORE frivolous patents that probably should never have been attempted..
if it is on the market, then no one can get a patent, as it no longer novel.

you have no clue about the patent system. rave on.
 

flacaltenn

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first to file. finally.

welcome to the rest of the world.
REALLY? Have you thought this thru? A housewife that builds a $Mill business and decides to run fast and WITHOUT a patent can be shut down by someone who actually files a patent YEARS after she's had the same product on the market?


Or a big corporation can win a patent REGARDLESS of the fact that it was actually invented (patentless) somewhere in the past?

All this is -- is more REGULATION REQUIRING you to file patents. Do it or some unemployed patent lawyer will steal your invention whenever they please..

Full employment for patent lawyers.. MORE frivolous patents that probably should never have been attempted..
if it is on the market, then no one can get a patent, as it no longer novel.

you have no clue about the patent system. rave on.
I will rave on.. Under first to invent (FTI) the little guy was able to document the invention, and go to market to FUND the process of patent filing. All they had to do was to take reasonable precautions to foil copiers and thieves. Now with first to file (FTF) -- you have to constantly enforce non-disclosures, manage leaks of information, subject vendors to Non-disclosure or you lose your invention. You have to remain totally off the radar until the filing is done. Tell me this isn't gonna create a "file first- file often" mentality. And tell me that this isn't going to amount to obtaining a govt license to develop a product for an individual. Essentially a bureaucratic jump-thru before you can finish development and product development.

Heck -- MOST products fail in the time between invention and market. Now ALL the failures will be clogging up the patent offices worldwide -- Congrats on that... At least before you could afford to see if it pans out in real production before going thru the patent process. Now you cant.

Like I said -- FULL employment for patent attorneys and another regulatory burden for "the little guy".

First To File

Essentially, there will not be much change in how Canadians should behave if they are already complying with the standards of the Canadian patent law. Since 1989 Canada has been on a first-to-file system, combined with absolute world novelty. This has meant that, to maximize protection of inventions in Canada, at least one initial patent filing should be made before an invention concept is made available to the public in any way. This means limiting disclosures to those under a duty of confidentiality before any patent filing is made.

Inventors will have up to one year to file after making their own disclosures. Thereafter an applicant’s own offers for sale or public use of the invention will count against any U.S. filing made once the one-year grace period has expired. But prefiling offers for sale and public use by strangers will be immediately fatal to obtaining a patent. These bars will apply even where the invention has been kept confidential. This is not the present U.S. law as it applies to Canadians.

As an inventive idea matures and more variants are conceived, further filings should be made. At the end of one year from the first filing, all of these disclosures must then be consolidated into a single, final, patent application to be used for all countries in the world where protection will be sought.

This process can be summarized as “file early, file often.”

Under the new law when it comes into effect, a U.S. patent will also be judged on the basis of absolute world novelty. This is a standard that applies in Europe and many other major countries in the world. This means that any public disclosure of the invention prior to that initial filing will count against a U.S. patent application if the disclosure has been made by someone other than the applicant
In other words.. As you continue to perfect the invention, be as paranoid as hell and clog up the patent stream with each new modification that you need to actually get to product.

What a great way to stuff the plumbing and foil the "little guys"...
 
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L.K.Eder

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REALLY? Have you thought this thru? A housewife that builds a $Mill business and decides to run fast and WITHOUT a patent can be shut down by someone who actually files a patent YEARS after she's had the same product on the market?


Or a big corporation can win a patent REGARDLESS of the fact that it was actually invented (patentless) somewhere in the past?

All this is -- is more REGULATION REQUIRING you to file patents. Do it or some unemployed patent lawyer will steal your invention whenever they please..

Full employment for patent lawyers.. MORE frivolous patents that probably should never have been attempted..
if it is on the market, then no one can get a patent, as it no longer novel.

you have no clue about the patent system. rave on.
I will rave on.. Under first to invent (FTI) the little guy was able to document the invention, and go to market to FUND the process of patent filing. All they had to do was to take reasonable precautions to foil copiers and thieves. Now with first to file (FTF) -- you have to constantly enforce non-disclosures, manage leaks of information, subject vendors to Non-disclosure or you lose your invention. You have to remain totally off the radar until the filing is done. Tell me this isn't gonna create a "file first- file often" mentality. And tell me that this isn't going to amount to obtaining a govt license to develop a product for an individual. Essentially a bureaucratic jump-thru before you can finish development and product development.

Heck -- MOST products fail in the time between invention and market. Now ALL the failures will be clogging up the patent offices worldwide -- Congrats on that... At least before you could afford to see if it pans out in real production before going thru the patent process. Now you cant.

Like I said -- FULL employment for patent attorneys and another regulatory burden for "the little guy".

First To File

Essentially, there will not be much change in how Canadians should behave if they are already complying with the standards of the Canadian patent law. Since 1989 Canada has been on a first-to-file system, combined with absolute world novelty. This has meant that, to maximize protection of inventions in Canada, at least one initial patent filing should be made before an invention concept is made available to the public in any way. This means limiting disclosures to those under a duty of confidentiality before any patent filing is made.

Inventors will have up to one year to file after making their own disclosures. Thereafter an applicant’s own offers for sale or public use of the invention will count against any U.S. filing made once the one-year grace period has expired. But prefiling offers for sale and public use by strangers will be immediately fatal to obtaining a patent. These bars will apply even where the invention has been kept confidential. This is not the present U.S. law as it applies to Canadians.

As an inventive idea matures and more variants are conceived, further filings should be made. At the end of one year from the first filing, all of these disclosures must then be consolidated into a single, final, patent application to be used for all countries in the world where protection will be sought.

This process can be summarized as “file early, file often.”

Under the new law when it comes into effect, a U.S. patent will also be judged on the basis of absolute world novelty. This is a standard that applies in Europe and many other major countries in the world. This means that any public disclosure of the invention prior to that initial filing will count against a U.S. patent application if the disclosure has been made by someone other than the applicant
In other words.. As you continue to perfect the invention, be as paranoid as hell and clog up the patent stream with each new modification that you need to actually get to product.

What a great way to stuff the plumbing...

at least you did some background reading.

this is, however, a global market.

it is of no use to the US inventor to benefit of a first to invent doctrine, if this is not accepted when said inventor wants to get protection in other countries.


then the us inventor is confronted with the first to file principle.

and i am not even touching grace periods here.

also, look at interference proceedings, and their costs. small businesses can't afford that. discovery is a nightmare. prove that you were the first to invent. lol
 

Photonic

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Obama could spin flax into gold and you whiners would still whine. Hatred of our president boggles the mind - or is it just loss of power pays for many mouths of discontent? Removing the first this, first that argument will reduce the fog of invention, and if an inventor has been wronged we still have a legal system. You guys would hate the legal system if Obama mentioned it. Sore losers all. Too bad democracy has so little appeal to the right today.

"The measure would switch the United States from the "first-to-invent" system to the "first-inventor-to-file" system for patent applications. That change would put the U.S. in line with other industrialized countries."

Read more: Senate OKs patent system overhaul
No, you see, as a patent holder myself I find this idea absolutely absurd myself. This is one of the most patent friendly countries and one of those reasons that we manage to keep ahead of the rest of the world.

Sorry but from my firsthand experience, I can tell you this would not be such a great idea.
 

FA_Q2

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Obama could spin flax into gold and you whiners would still whine. Hatred of our president boggles the mind - or is it just loss of power pays for many mouths of discontent? Removing the first this, first that argument will reduce the fog of invention, and if an inventor has been wronged we still have a legal system. You guys would hate the legal system if Obama mentioned it. Sore losers all. Too bad democracy has so little appeal to the right today.

"The measure would switch the United States from the "first-to-invent" system to the "first-inventor-to-file" system for patent applications. That change would put the U.S. in line with other industrialized countries."

Read more: Senate OKs patent system overhaul
No, you see, as a patent holder myself I find this idea absolutely absurd myself. This is one of the most patent friendly countries and one of those reasons that we manage to keep ahead of the rest of the world.

Sorry but from my firsthand experience, I can tell you this would not be such a great idea.
You would have to go with is not a good idea instead of will not. Unfortunately, the bill has already passed. With resounding support I might add.
 

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