OP/ED - PLEASE DISTRIBUTE
CONGRESS DECLARES WAR
ON AMERICAN INVENTORS AND FOUNDERS
Bills S. 1137 and HR. 9
Would End American Dream
Bills S. 1137 and HR. 9
Would Virtually Sanction Corporate Theft
of Inventors' Patented Technology
of Inventors' Patented Technology
The Patent Act of 2015:
The Patent Theft Act of 2015
“Have
no doubt about it: The outraged ghosts of Tesla, Bell, Noyce, and
the Wright Brothers are awakened from their eternal slumber by this
profanation of invention once protected by our Constitution, and are
now roaming the halls of Congress.”
“Inventors,
individual patent holders, and small business patent holders are about
to see the not so invisible hands of Congress reaching out to tear
the patents off their walls in order to hand them to wealthy
corporations.”
"Within the present system, even with solid patents in hand against clear and ongoing infringement, inventors are as likely to end up bankrupt as successful in their pursuit of infringement claims."
In bills that even one sitting Congressman described as “deserving of the description crony capitalism,” Senate and House committees have released two bills, S. 1137 and HR. 9, certain to destroy inventors and their innovations in America. Foregoing the need to actually appear in the courtroom on behalf of defendants of patent infringement suits, members of Congress are instead writing legislation to serve the same purpose in bills that are not only a failure of the legislative process, but of the practice of democracy itself.
"Within the present system, even with solid patents in hand against clear and ongoing infringement, inventors are as likely to end up bankrupt as successful in their pursuit of infringement claims."
In bills that even one sitting Congressman described as “deserving of the description crony capitalism,” Senate and House committees have released two bills, S. 1137 and HR. 9, certain to destroy inventors and their innovations in America. Foregoing the need to actually appear in the courtroom on behalf of defendants of patent infringement suits, members of Congress are instead writing legislation to serve the same purpose in bills that are not only a failure of the legislative process, but of the practice of democracy itself.
With 70 million Americans on the brink
of bankruptcy, and 75% of Americans living paycheck to paycheck, the Congress has apparently determined the disproportion
of wealth is not yet sufficient. With the most fundamental
understanding of the enormous implications of these bills, no one can
view S. 1137 and HR. 9 as other than the worst kind of predation by corporate interests upon
working class inventors in America.
Equally as important, at a time when other countries are bringing their capital into the United States seeking American innovation, these bills would destroy the innovators. Over 40% of the Fortune 500 companies were founded by immigrants, many who had nothing but patents upon which to gather capital and build their businesses.
Equally as important, at a time when other countries are bringing their capital into the United States seeking American innovation, these bills would destroy the innovators. Over 40% of the Fortune 500 companies were founded by immigrants, many who had nothing but patents upon which to gather capital and build their businesses.
Have no doubt about it: The outraged
ghosts of Tesla, Bell, Noyce, and the Wright Brothers are awakened
from their eternal slumber by this profanation of invention once
protected by our Constitution, and are now roaming the halls of
Congress. Because inventors and individual patent holders are the visionaries and business founders with the drive to create
enterprise, stripping them of their patents rights is to irreparably
harm American business and the American economy. Small business is
responsible for half of all job creation, and it is small business
that historically has created new industry. These bills would end
that, leaving only the large corporations to attempt to fill the
void, a task they have shown themselves ill suited to accomplish.
As patent infringement becomes
unenforceable, inventors, individual patent holders, and small
business patent holders are about to see the not so invisible hands of
Congress reaching out to tear the patents off their walls in order to
hand them to wealthy corporations.
Patents, despite being called
“intellectual property,” are in fact not property; the present
courts have determined that patents are a “grant of rights,” and rights
are argued in Federal Courts. By changing the underlying rights of patents regarding infringement, patents can essentially be taken out of the hands of their lawful owners by simply making those patents unenforceable by inventors in any practical sense.
This is the real intent and effect of S. 1171 and HR. 9. Congress, after creating the so-called America Invents Act, appears to be so single-mindedly working to bolster the
defenses of patent-infringing corporations as to make them virtually unassailable.
Amidst all the media coverage of
trolls, bad patents, and bad litigation practices, which in itself is
only a well orchestrated media campaign of identifiable origin, is
lost any voice raised on behalf of the inventor with valid patents
whose Constitutional rights have been violated by infringement.
Rights without a practical means of enforcement are meaningless; to
support innovation, Congress should be seeking to strengthen those
rights, not weaken them. Congress should be making it possible for inventors to build corporations based on their patents, not creating a climate of contempt for patents and patent infringement claims.
Within the present system, even with solid patents in hand against clear and ongoing infringement, inventors are as likely to end up bankrupt as successful in their pursuit of infringement claims.
S.1171 and HR. 9 are bad for
innovation, bad for small business, bad for the economy, bad for the
sense of equality before the law, and bad for America.
If S.1171 and HR.9 are not completely stopped, and the thinking behind them reversed in favor of inventors and patent enforcement, the
heart of American innovation will be, and so will the American dream.
_________
All Rights Released with Attribution: blogspot.congressionalhammer.com
* * *
NOTE: There are now numerous articles
on the Web, many by attorneys in the field of patent law and
litigation who have articulated well drawn arguments explaining the
dangerous, destructive, and inequitable nature of these bills:
ARTICLES:
THE ANTI-INNOVATION ACT OF 2015
SECURING PATENT HEGEMONY OVER PATENT HOLDERS
INNOVATION ACT MAKES PATENTS HARDER TO ENFORCE, EASIER TO INFRINGE
WE'VE BEEN GOOGLED - H.R. 9, THE INNOVATION ACT
SMALL BUSINESS TECHNOLOGY COUNCIL:
http://thehill.com/blogs/congress-blog/technology/238973-hr-9-crushes-innovation-killing-the-american-dream
LEGAL EXPLICATION:
THE ANTI-INNOVATION ACT OF 2015
SECURING PATENT HEGEMONY OVER PATENT HOLDERS
INNOVATION ACT MAKES PATENTS HARDER TO ENFORCE, EASIER TO INFRINGE
WE'VE BEEN GOOGLED - H.R. 9, THE INNOVATION ACT
SMALL BUSINESS TECHNOLOGY COUNCIL:
http://thehill.com/blogs/congress-blog/technology/238973-hr-9-crushes-innovation-killing-the-american-dream
LEGAL EXPLICATION:
TAKE ACTION OR LOSE YOUR RIGHTS AND INTELLECTUAL PROPERTY:
"Helping
pro-reform advocates were the late pickups of swing votes in
Republican Sens. Jeff Sessions, Thom Tillis, and David Perdue as well
as Democratic Sens. Dianne Feinstein, Al Franken, Richard Blumenthal,
and Sheldon Whitehouse."
SENATE BILL S. 1137 CO-SPONSORS
HOUSE BILL H.R. 9
HOUSE BILL H.R. 9 CO-SPONSORS
For a list of Congressman and Senates
who have voted for this legislation, go to:
https://www.govtrack.us/
https://www.govtrack.us/
