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September 05, 2013


I read that article by George Lewis at the time it was written about a month ago, and it seemed alarmist to me then.

No piece of legislation will ever fully satisfy all parties, but when the law is misrepresented by some, it looks even worse.

Igor states in part: "it looks even worse."

I would hope to quibble in a meaningful way by adding: "...or better" and explain that politics is driven more by perception than by reality, and that the worse/better dynamic is often one of perspective.

As Igor also mentions, no piece of legislation will ever fully satisfy all parties. Perhaps then, legislators should carefully take a step back and realize that their responsibility is not to any party, but to the entire community.

ANY legislation that fails to recognize, that fails to acknowledge where a piece of legislation falls short in serving the entire community, and that fails to admit of any particular part of the community that is especially advantaged, is open to criticism of undue favoritism.

Is such recognition even enough? Can writing legislation FOR ANY party be simply a mistake? Whenever ANY party succeeds in gaining the ear (and pen) of a legislator, can the outcome be anything but 'worse' because the legislation is better for one particular party?

Is legislation a zero-sum game?

And perhaps drawing back to a pragmatic and real-world view, is there a ready alternative?

Of that, I am somewhat...

What about the time it might take an independent inventor to reduce an "idea" to practice, compared to a large corporation that "acquires" the idea( or even all the work done after "conception")? The AIA was lobbied for by large corporations - that is clear! Why did they lobby for all these changes?

What about the problems of industrial espionage and cyber-theft? Can't corporations afford more protections against this, than can independent inventors? As for the opinions of Mr. Rao, how many "great" inventions came out of India over the last 200 years? Why are so many patent examiners not U.S. born (or even able to speak fluent English, in some cases)? Further, I'd like to know why "Pro se" applicants are treated with contempt by many PTO examiners and why some are quickly "forced" into abandonment of applications by insulting them rather than offering clear explanations as of what they have done wrong and better guidance as how to correct these?

I believe the AIA is entirely unconstitutional (for many, many reasons) and I hope the U.S. Supreme Court takes a close look at it. It is NOT what was intended in Article 1, Section 8 of the Constitution!

YUP - Mr. Roa sure knows a lot about what motivates invention in America. He thinks adopting the systems of Europe, Japan and India, will make it much better!!!


Just as a fyi...figured to offer the following clarifications...

1) I was born and raised in NY-USA. Trained at RPI, Albany Law, and UMD-College Park for degrees in Matls Engineering, Patent Law, and and MBA.

2) Prior career endeavors have included uni-startup incubator, building hardware and software startups in LA and SF, working for the USPTO and Dept of Commerce, and oh...practicing patent law as a lauded and respected expert in and outside government.

3) I am well aware of the pros/cons around AIA as well the subtle nuances that can and will play out short and long term. From a domestic and global perspective...

4) Finally it's fine to have a disagreement of opinion on policy issues but don't get the facts wrong and don't "assume" it makes an "ass out of u and me". Just because I have a different sounding name...I am not going to understand American Law or Startup innovation? I know it better than half of you posting here...

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