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Vote No on S.1145
Thursday, April 17, 2008
Wednesday, April 16, 2008
HONORABLE SENATORS Q&A
HONORABLE SENATORS – SOME QUESTIONS AND ANSWERS
About The Patent Reform Act of 2007 – S.1145
From George Margolin -- Vice President Professional Inventors Alliance
Patentor@gmail.com --- www.inventorsblog.org -- 949-645-5950
Honorable Senators -- Following are a simple set of questions and answers that may help you in your deliberations of whether to vote Yea or Nay on S.1145.
First off – there seem to be a number of necessary steps missing – before the enactment of such a monumental sea change, to our world-leading, working patent system.
A HUGE, unprecedented and unparalleled change such as this, will have innumerable, unintended consequences, that can and WILL corrupt the past and foil the future of American Technological Leadership.
BEFORE WE MOVE WE MUST HAVE PROOF THAT IT IS SAFE TO JUMP from the known platform of SECURITY AND STABILITY OF OUR WORLD CLASS – WORLD LEADING -- U.S. PATENT SYSTEM -- to an unknowable Abyss of special interest wish lists, like those of the anti-patent, Coalition for Patent “FAIRNESS???!”
Q. -- WHERE and WHEN are the PRUDENT tests that MUST BE DONE to PROVE these changes will work -- BEFORE committing and possibly DESTROYING THE ENTIRE AMERICAN PATENT SYSTEM AND OUR ECONOMY WITH IT?
Q. – Are there things in this legislation that have NOT been addressed that, would provide the time and means for testing, evaluating, adding, subtracting, reworking, correcting, changing, revoking and GUARANTYING the success of this massive DISRUPTION to a 218 year old -- best-in-the-world -- WORKING American Patent System?
Q. -- Does Senator Leahy have PROOF that this will or even CAN work? If so, Is it from the double-speak named Coalition for Patent “FAIRNESS,” where their spokesman wrote:
“Someone who invents the "X" key shouldn't be able to sue the keyboard maker for the value of all the letters, said Beau Phillips, spokesman for the Coalition for Patent Fairness, the main group promoting, sponsoring and supporting reform.”
Q. – REALLY??!!! Who would be foolish enough to BUY a keyboard WITHOUT the X or A, or E or any other crucial key???
Q. -- Do these “Fairness” folks not understand that IF IT’S A CRUCIAL, CRITICAL and NECESSARY part of the Keyboard – or the equivalent of that in any other Product – that NO ONE WOULD BUY IT WITHOUT IT?
Q. -- How can we KNOW S.1145 will perform for ALL NEEDED American technological requirements if we don’t test it, test it, test it – BEFORE WE LEAP INTO THE UNKNOWABLE CHASM of UNRECALLABLE legislation?
Q. -- Where’s the PROOF that this can possibly work? Is there a safe and sensible recallable PILOT PROGRAM hidden in it somewhere?
Q. -- Is there any GUARANTY that we can SAFELY Jump off the Pinnacle of our Technological Success AND SURVIVE AS A NATION?
Q. – Isn’t its intent to “HARMonize” and drag our nation down Into the ABYSS of the Lowest Common Denominator Mediocrity of our international competitors?
To Conclude -- We must NOT make huge and IRREVOCABLE DISRUPTIONS to our SUCCESSFUL U.S. PATENT SYSTEM – WITHOUT SAFE AND VERIFIABLE TESTS and PILOT PROGRAMS -- simply because Microsoft et al, are spending MILLIONS LOBBYING FOR IT! Or to rephrase -- “BECAUSE they are spending millions lobbying for it -- CAN WE REALLY TRUST THAT THEIR INTENT IS “GOOD FOR AMERICA?”.
If the Senate cannot know for certain BEFORE we leap – and it make us LEAP -- God Save America -- because Microsoft et al -- WON’T!
PLEASE VOTE NO ON S.1145
Tuesday, March 11, 2008
WITH NO WAY TO TEST S.1145 -- IT WILL DOOM THE U.S.
HOW THE “ALLIANCE FOR PATENT FAIRNESS” PLANS TO USE S.1145
TO GUT AMERICAN TECHNOLOGY FOR THEIR OWN CORPORATE GREED
What EVERY product developer knows
BUT how Congress is clueless about this legislation
NEVER -- EVER RELEASE AN UNTESTED PRODUCT!
By George Margolin – Professional American Inventor
PATENTOR@GMAIL.COM
Would any sane adult willingly fly across the continent or the ocean -- in an airplane– THAT HAD NEVER BEEN TESTED OR FLOWN WITHOUT PASSENGERS?
More to the point – would any member of Congress KNOWINGLY do so? I don’t think so, because that would be putting their lives on the line before the airplane had been “Crash Tested” with no passengers aboard – many times and long before human life is endangered in that product.
But THAT is exactly what some members of the Senate are attempting to do by blindly demolishing and deforming the very patent system that has made America the Technological Wonder of the world!
You can be absolutely certain that not one of the members of the ironically titled “Coalition for Patent FAIRNESS” would ever consider producing their own products -- from a computer chip to a computer program – in the doomed-to-failure manner that they are attempting to force the Senate to do with their multi-million dollar lobbied Patent “Reform” Bill – S.1145.
What the Double Speak Patent Fairness Folks would not dare to do to their products, they are paying lobbyists millions to cripple American technology and America itself.
Since many of these “Patent Fairness Folks” are product developers and manufacturers – they ALWAYS will follow a procedure something close to what we’ll outline below. ALWAYS! Otherwise – their products would never work and never create a market.
------------------------------------------------------------------------------------
HOW TO DEVELOP A WORKING PRODUCT
OR VALID LEGISLATION
THESE METHODS ARE FOLLOWED FOR VIRTUALLY ALL NEW PRODUCTS
1. The concept is first defined, designed, researched, rendered, then a computer and/or a feasibility study is produced.
a. If complex – each component is separately tested, improved and vetted again, before being incorporated into the overall design.
b. After which the entire design is vetted for its composite operational cohesiveness, integrity, and chance of success in the marketplace.
2 Once stage 1 is completed – a rough feasibility model is designed and tested as in stage 1. This is usually an “engineering” prototype which is designed to function in the manner the final product will function – but without the size and complexity constrains that will later require engineering of parts for combined functions, size and reduced cost.
a. In whole or in part – each and all components must work together properly and its targeted economic aspects of cost and possible sales price vs. market acceptance will be considered.
3 After this design vetting and component testing – an engineering prototype is designed to look and function as the final product is supposed to look and work. But its parts will not yet, be designed for size, function and cost savings.
a. This will be built and tested in the closest approximation of the expected environment and function.. And if large enough – for people, as an example -- test pilots or drivers, or clever programmers or their equivalent – will do their best to test and break it before the final design will be produced, so as to avoid failures later down the production sequence. In software this would be an Alpha copy.
4. Once all this has been completed – a pilot production design is created and a small number of pre-production devices are made, sent out to knowledgeable and competent potential users to use and abuse before the final production design is finalized and accepted for production. In software this would be called a Beta copy.
5. Only after all of the above provide enough confidence that the product will work as expected and can be produced at the intended cost for the intended marketplace – is a full production-ready design signed out. And only then is the actual production process set up; parts ordered from vendors who have also gone through the above design, test, batter, break, redesign and finalize procedures.
6. AND ALWAYS -- IT IS UNDERSTOOD THAT IF THE PRODUCTION DEVICE FAILS TO FULFILL ITS INTENDED FUNCTIONS IN ITS INTENDED MARKET AND CANNOT BE RECTIFIED AND DOES NOT GAIN MARKET ACCEPTANCE WHICH WILL PAY FOR ITS DEVELOPMENT – AND/OR COST OF MARKETING – IT CAN AND WILL BE WITHDRAWN!
NONE OF THE ABOVE ARE BEING DONE WITH THE DRASTIC AND
NON-RECALLABLE SENATE “PATENT REFORM ACT” S.1145.
This is where the so called “Fairness” patent reform proponents depart and diverge from their own mandatory development practices and are attempting to short circuit safeguards to coerce Congress to pass the ill fated S.1145. This is a short sighted attempt to disrupt and deform our 218 year, evolved, tested and WORKING Patent System.
While THEY (the Patent “reform” promoters), can easily recall a faulty production run – CONGRESS IS NOT SET UP TO DO THAT. Judge Paul R Michel – Chief Judge of the U.S. Court of appeals for the Federal Circuit, on Monday January 28, 2008, characterized his concerns of the attempt to pass Senate Bill S.1145, by stating that once Congress acts, it could take between 15 and 50 YEARS to reverse destructive changes to our patent system. That would be close to 3 GENERATIONS to rectify, reform or repeal this complex legislation –IF it could ever be rectified, repealed or withdrawn. And this would would be decades too late to keep it from destroying American Technology.
If it passes – LEARN MANDARIN CHINESE –WE’LL ALL NEED IT!
Tuesday, February 26, 2008
Throwing out America's Future with the Bathwater- S.1145
Vote out the Patent "Deform" Act- S.1145 from the Senate. Don't throw out the Baby(American Innovation) with the Bathwater! Contact YOUR Senators and tell them to "Just Say NO!" We need American Innovation and Patents!
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Sunday, February 17, 2008
Saturday, February 16, 2008
Wednesday, February 6, 2008
Land of the Blind -- One Eyed Man is King
“IN THE LAND OF THE BLIND
THE ONE EYED MAN IS KING”
By George Margolin -- an American Inventor
The American Patent system is the only one in the world that has even one working eye. Patent “reform” legislation, like H.R.1908/S1145 is designed to gouge out that one good eye so we are as blind as the sponsoring countries and companies they control.
America’s patent system may not be absolutely perfect, but it IS the most perfect and the BEST in the world! It has permitted -- no -- nurtured and encouraged -- American inventors to be the best and most productive in the world. Our patent system and our inventors gave us Airplanes, Telephones, Transistors, semiconductors, integrated circuits, electric lights, the phonograph, motion pictures, magnetic recording, alternating current, fiber optics, the laser, the MRI, the Heart Pacemaker THE INTERNET and much more than you or I can imagine.
If you don’t believe that our patent system is crucial to our well being -- look around you. Just imagine living without your phones and your lights, beepers, and the marvelous medical inventions -- creations of American Inventors -- that have saved many, if not all of our lives.
Some of our greatest American inventors, like Nikola Tesla, had to leave their ancestral homes to be free to invent. But when they arrived here -- they were able to use their great abilities and contribute enormously to our nation and the world -- aided by our nurturing patent system.
That ability to invent -- that spirit of creation -- is what we are talking about.. THAT is what foreign governments and the multi-national corporations that are their shills, are working to destroy. Do we really want to let them -- or worse -- help them do this? I don’t believe we do. But to avoid doing this, we have to recognize that they really ARE trying to destroy the American Patent System -- for their benefit -- not for America’s good. And that’s why Congress’ resolution, H.R.1908/S.1145 is only their most recent vehicle of destruction -- their Trojan horse, their block busting, dam busting bomb..
Believing that someone is trying to destroy us when the really ARE trying to destroy us, is NOT Paranoia. It is good survival instinct and good sense. Let us be sensible now. Or -- as Andy Grove, Intel’s chief wrote, “Only the Paranoid Survive.”
America’s patent system may not be perfect -- but it is the most perfect in the world -- by far. It is also the Best in the world. It is the fairest, the least expensive and it is absolutely the most effective patent system in the world! It has made America the most technologically creative and successful country the world has ever known. It fits our national personality and it has helped DEFINE our national personality, our sense of individual worth. And it has also made us the most successful and envied nation in the world. Do we want to let the envy and greed of others destroy what our insightful forefathers created?
Our creative and technological success makes us The “one eyed man” mentioned in the old parable, “In the Land of the Blind -- the one eyed man is king.” The H.R.1908/S.1145Legislation, which was just rammed through Congress via “suspension of the rules as Congressman Dana Rohrabacher himself said -- in a “heavy handed” and deceptive manner -- is designed to gouge out America’s one good eye!!!
A horrible thought, isn’t it? But that REALLY IS what is happening.
All the other countries have known of our CONSTITUTIONALLY defined, marvelously effective, patent system -- FOR TWO CENTURIES -- yet they chose not to use our clear model, but to build their own patent systems to maintain the status quo. So their inventors are NOT encouraged or rewarded. And because of that, no other country has independent inventors as we have in America. Is that OUR FAULT? Or their choice. Should we GUT our patent system because theirs are gutted? Should we gouge out OUR EYE because THEY HAVE CHOSEN TO BE BLIND!? THAT -- is what Congress just voted for us to do. Are we going to let it happen? It’s up to YOU!
The proponents of H.R.1908/S.1145 have not given us any reason to adopt it. They have given us no proof or even a clue of HOW it would be good for America., or WHY it would be good for America. Where’s the proof? What is the REAL purpose of this bill? It certainly isn’t to help America!
Our proof is abundant and definable. We have 2018 years of proof that our current, evolved, system Works. Otherwise, why would outsiders spend so much money and effort to try to crush the system that brought us to the top of the heap?
First Do No Harm
And they certainly have given us NO rational reason to RISK our 218 year old patent system and economy, with changes we’ll not be able to control or correct or even understand, for many DECADES. To vote for H.R.1908 or its Senate equivalent S.1145, IS TO VOTE FOR UNLIMITED RISK AND TO DO IRREPERABLE HARM TO OUR COUNTRY.
To vote AGAINST H.R.1908/S.1145 -- IS TO DO NO HARM -- TO OUR COUNTRY OR OURSELVES!
George Margolin, An American Inventor
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