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March 15, 2011

Comments

"Inventor's Interests, If Not Rights, Limited by S. 23"

Small entities agree. Yet, they have been given far too little voice on this bill when one considers that they rely far more heavily on the patent system than do large firms who can control their markets by their size alone. The smaller the firm, the more they rely on patents -especially startups and individual inventors. Yet small entities create the lion's share of new jobs. According to recent studies by the Kauffman Foundation and economists at the U.S. Census Bureau, “startups aren’t everything when it comes to job growth. They’re the only thing.” Congress is rushing headlong into disaster. This bill will be a wholesale slaughter of US jobs.

Just because they call it “reform” doesn’t mean it is. Patent reform is a fraud on America. This bill will not do what they claim it will. What it will do is help large corporations maintain their monopolies and kill their small entity and startup competitors (which is exactly what they intended it to do) and with them the jobs they would have created. According to recent studies by the Kauffman Foundation and economists at the U.S. Census Bureau, “startups aren’t everything when it comes to job growth. They’re the only thing.” This bill is a wholesale slaughter of US jobs. Those wishing to help in the fight to defeat this bill should contact us as below.

Please see http://truereform.piausa.org/ for a different/opposing view on patent reform.
http://docs.piausa.org/

Kevin,

Great post! I wondered a few weeks ago why no one else was talking about these changes. (See http://gametimeip.com/2011/02/23/patent-reformers-favor-corporate-interests-over-inventors-rights/)

Justice Breyer recently acknowledged that only human beings, not entities, invent things. The proposed procedure gives the PTO director substantial leeway to reduce an inventor's contribution to a mere formality, similar to Europe and other parts of the world.

First, this is already the situation for the foreign patent application filings of the inventions of U.S. inventors, and there has been no such problem or abuse.
Secondly, does anyone seriously think assignor companies or attorneys are going to risk serious personal legal and professional consequences, plus patent invalidity, by doing false U.S. filings?

small entities create the lion's share of new jobs. According to recent studies by the Kauffman Foundation and economists at the U.S. Census Bureau, “startups aren’t everything when it comes to job growth. They’re the only thing.”

It may be true that small entities "create the lion's share of new jobs."

It is certainly NOT true -- not by a long shot -- that small patent-filing entities create the lion's share of new jobs.

The impact of this bill on new job creation will be, relatively speaking, absolute squat. Of course, if you look closely at the political views of the typical Internet-posting advocate for small inventors, you'll find in most cases that those views directly contradict the goal of "job creation" in this country, i.e., they tend to be Republican and completely self-interested/absorbed.

"inventions of U.S. inventors, and there has been no such problem or abuse."

Except that it violates on OUR constitution n all that. It violates right squarely upon it.

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