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June 23, 2011


As I said at patentlyo, although someone suggested this legislation be renamed the Patent Attorneys' Full Employment Act of 2011, I wasn't worried about being employed for the next 10 years. I am, however, worried about the development of new drugs and new technologies slowing significantly. This is classic crappy legislation that benefits a few deep-pocketed donors at the expense of just about everyone else. But since the ill effects of this bill - jobs *not* created, innovations *not* commercialized - isn't something that can be readily perceived by voters, let alone quantified, not one of the dunderheads behind this (a link to a list of which you posted above) will be held accountable.


As I've said previously, H.R. 1249 (the so-called oxymoronic America Invents Act) is an utter sham. And I applaud Senator Tom Coburn for expressing his outrage at the complete and meaningless "watering down" of Section 22's effort to end fee diversion. Addicts like Congressman Rogers and others can't kick the habit of fee diversion. I frankly wish Coburn was my Senator instead of the two I currently have in Ohio, especially Sherrod Brown who is definitely anti-patent.

I truly hope that we won't rue this day, but I'm not optimistic at this point. My disgust over H.R. 1249, as well as S.23, is complete and thorough. This legislation is ill-considered, misguided, poorly drafted and adverse to the interests of small innovative American businesses that rely on patent rights to compete with the large multi-national corporations. And how the USPTO is going to effectively handle post-grant oppositions while fee diversion continues is unanswered.

I'm sure those of us who represent small innovative American businesses before the USPTO will figure out a way to cope with this oxymoronic legislation. But it won't be easy or likely inexpensive. And get ready for the "filing splurge" which is likely to occur before the effective date of those first to file provisions.

Try as I may, I have been unable to find any copies of the House and Senate bills that were actually passed and will now go to a conference committee.

Any ideas where copies may be available?


The bill passed by the Senate can be found here: http://www.gpo.gov/fdsys/pkg/BILLS-112s23es/pdf/BILLS-112s23es.pdf. The bill passed by the House will eventually be available at Thomas.gov; the clerk was authorized on Thursday to correct section numbers, punctuation, and cross references, and to make other necessary technical and conforming corrections to H.R. 1249 immediately following passage of the bill.


This will be just another nail in the coffin of the soon to be late great USA! We are going down fast. I do not want to be around when this "Titanic" sinks.

I can't be the only voter who finds it completely ridiculous that the House has stripped the least controversial provision from this bill (ending fee diversion) and passed the most contentious provisions. Without an end to fee diversion, "patent reform" is a waste, or worse.

My invention is a new type of TEG,Thermo Electric Generator. It inexpensively, cleanly and efficiently converts heat from almost any source into AC electricity.An electric car using it would have probably gotten at least 150 mpg.Big electric trucks using it would have probably gotten 20 to 60 mpg.To recharge the device, just put "gas" in the tank.My invention would have created thousands of good manufacturing jobs,in addition to possibly enabling nuclear fusion reactors to get over the "hump".But because of that stupid "America invents Act" my idea is now dead...I can't do anything with it.

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