Sunday, March 25, 2012

Congress has destroyed US Technology



Inventor George Margolin tells Congressmen "America Invents" Patent bill destroys US Technology at 2012 CES!

HOW THE “ALLIANCE FOR PATENT FAIRNESS” USED S.23 TO GUT AMERICAN TECHNOLOGY FOR THEIR OWN CORPORATE GREED

What EVERY product developer knows
BUT how Congress is clueless about this legislation

NEVER – EVER – EVER RELEASE AN UNTESTED PRODUCT!

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 95 members of the Senate and 304 members of the House just did 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 spent to CON the Senate to do with their multi-million-dollar lobbied Patent “Reform” Bill – S.23

The Double Speak Patent “Fairness” Folks would not dare do to their products, what they paid lobbyists millions of dollars to cripple American technology and DESTROY AMERICA ITSELF!.

Since many of these “Patent Fairness Folks” (think IBM) are product developers and manufacturers – they will ALWAYS follow a procedure similar to what we’ll outline below. ALWAYS! Otherwise – their products would never work and never create a market.
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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 WERE DONE WITH THE DRASTIC AND
NON-RECALLABLE SENATE “America Invents”PATENT DESTRUCTION ACT”


This is where the so called “Fairness” and their cohort patent reform proponents departed and diverged from their own mandatory development practices and short circuited to coerce Congress to pass theDISASTROUS Senate AND House bills. This is a short sighted attempt to disrupt and deform our 220 year old, evolved, tested and world’s BEST and ONLY WORKING U.S.Patent System.

While THEY (the Patent “reform” SHILLS), can easily recall a faulty production run – CONGRESS IS NOT SET UP TO DO THAT. Judge Paul R Michel – recent 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 the earlier version of the American Destruction 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 and America itself.

If it passes – LEARN MANDARIN CHINESE –WE’LL ALL NEED IT!

HOW TO DESTROY AMERICA WITHOUT SUICIDE BOMBERS GUNS OR BULLETS THE DESTRUCTION OF AMERICA’S PATENT SYSTEM AND AMERICA WITH IT

THE DESTRUCTION OF AMERICA’S PATENT SYSTEM AND AMERICA WITH IT -- BY SENATE AND HOUSE BILLS S/23 and H.R. 1249

The biggest oil spill in American history was caused by a number of factors, yet to be fully determined – by a foreign company overextending its technological capabilities beyond its technological knowledge. And even when quenched after three months, it will take decades, if EVER, to erase and restore the oil spoiled, devastated Gulf to its pre-spill -- unpolluted state.

But EVENTUALLY – if even GENERATIONS LONG – it WILL be REMEDIATED! EVENTUALLY! PROBABLY!

BUT SENATE BILL S.23 AND HOUSE BILL H.R.1249 – ARE ANOTHER MATTER.
Now that they have been passed – there will be no going back, no cleanup, no redemption. No return to the high flying airplane from which we will be forced to jump -- WITHOUT A PARACHUTE! It will NEVER be “fixed” or fixable, so it will continue its destruction of American Technology, commerce and economy -- FOREVER!.

Called Patent “REFORM” by the “Alliance for Patent ‘FAIRNESS???” and other BIG Company lackeys and shills – the pitchmen and propagandists for the ’world’s largest Trans-National Corporations , among them IBM and INTEL – and the other Gargantuas that sent millions of AMERICAN JOBS overseas. Jobs that are UNRECOVERABLE and IRRETRIEVABLE.

This so called “REFORM” was designed to guarantee the destruction and elimination of America’s, innovative and CREATIVE INVENTORS, the INDEPENDENTS, alone or in Startup companies like that were like nascent HP and Apple, in garages, or my old Fairchild colleague Bob Noyce, who started Intel with Venture Capital Funding in Palo Alto. These are the inventors that have fueled America’s “Engine of Prosperity“ since 1790. – that’s TWO HUNDRED AND TWENTY YEARS! But NOW – they are on the verge of being INTENTIONALLY annihilated and ELIMINATED BY SOME OF THESE SAME COMPANIES THAT NOW ARE THE “ESTABLISHMENT” fearful of being SUPERSEDED as they superseded the companies before them!

“THEY would HARMonized America DOWN To the lowest level of the WORLD’S
LEAST INVENTIVE NATIONS. WHY?

Our richest established corporations paid and are still paying MILLIONS upon Millions lobbying to ELIMINATE the Spark Plugs of our “Engine of Prosperity?” Why? Because America’s Patent SYSTEM is too fair, too effective, too good and too superior to those of the rest of the world. Here we are speaking of the American Patent SYSTEM – NOT the U.S.Patent OFFICE – which is overworked, understaffed, AND EACH YEAR robbed by congress, of MILLIONS OF DOLLARS OF the money it earned from the sweat of American Inventors.

Enter IBM’s David Kappos -- But only a pair of years ago it was given a glimmer of hope of the “possibility’ of being brought from the equivalent of Quill pens and green eyeshades to the automated world of Modern American Technology, when President Obama enlisted the aid of IBM’s Patent Division Head, David Kappos to be the Director of the United States Patent Office.

But, though a brilliant man and excellent administrator, it seems that he also brought with him the poisoned IBM Kool Ade he’s been drinking for decades. And while It WAS hoped that the competent former IBM patent head would bring the PTO the wonders of electricity and modern computers, Congress has NOT ALLOWED him to do this.

WORSE -- he brought something else with him --- it turned out that rather than being a FIXER of the PTO – He became a Shill for Big Business MENTALITY of IBM and other Entrenched Trans-Nationals and he LOBBIED WITHIN the ADMINISTRATION seeking to change the American Patent SYSTEM, WHICH IS NOT BROKEN – and WHICH HAS MADE AMERICA THE LEADER OF WORLD TECHNOLOGY FOR OVER 220 YEARS.

With both houses of Congress being romanced by the lobbyist’s tricks of the trade -- deceit, confusion, obfuscation, fabrication, half truths and whole lies -- and Director Kappos’ own Big Business perspective and propaganda -- it caused the CONFLATION of confusing the best-in-the-world U.S.Patent SYSTEM with the BROKE AND BROKEN PATENT OFFICE . The Patent OFFICE with its extremely hard working staff. has been deprived of Millions of Dollars EACH YEAR, of the money it EARNED -- by having Congress Steal the money for use in such “necessities” as political EARMARKS.

So now these Half Truths and unfounded, unrealistic hopes by Kappos and his BOSS President Obama – sold this FICTIONAL “Reform” bill to the floors of the Senate and the House – and made it pass with a SUPER MAJORITY – as IF it were the Real Deal.

So as we write this – Congress and the Administration have SCUTTLED AMERICA! Unless and only IF the Supreme Court declares the new LAW unconstitutional as many believe it to be.

While the American Constitution, Section 1 Paragraph 8, states “Congress shall have the power to promote the progress of science and the useful arts by securing for limited times to authors and inventors the EXCLUSIVE rights to their respective writings and discoveries.”

Congress, with this new LAW, will change the word INVENTOR to The first guy who runs to the Patent Office and files a patent for an invention – NOT the ONE to INVENT IT. This is NOT the way America has SUCCESSFULLY done it for TWO HUNDRED AND TWENTY YEARS! This BI-PARTISAN Congress has chosen to “snatch defeat from jaws of success.” 220 years of success. What kind of adult behavior is this. Who would applaud America’s SUCCESS – THEN CHOOSE TO DEFEAT IT?

Worse -- there are sections that would bypass the inventor altogether and make it possible for a Company in which the inventor Works. If this legislation actually survives the Conference Committee, which is to make the two bills --- Senate and House -- conform – actually eliminate the inventor, as mentioned in our Constitution, and make him/her virtually superfluous. Which would make our CONSTITUTION, dear readers, including members of the Tea Party --- VIRTUALLY WORTHLESS!

Worse yet – the “Presumption of validity” we have honored for centuries – because of the YEARS a Patent Application must survive to BECOME a Patent -- will be ELIMINATED by virtually ENDLESS opportunities, even illegitimate opportunities, to contest, even the most perfect, novel and valid patents. This would make it IMPOSSIBLE to obtain funding from America’s unique financial resources like Venture Capitalists who have stated that this legislation WILL PUT THEM OUT OF BUSINESS. Which would mean that it would put AMERICAN INNOVATION OUT OF BUSINESS.

America is the acknowledged world leader in the creation of the kinds of inventions that gave us, the LASER by, GOULD -- XEROGRAPHY by Chester Carlson -- the TELEPHONE, By BELL, the long life LIGHT BULB, MOTION PICTURES, PHONOGRAPH. DIRECT CURRENT GENERATOR and innumerable other products by EDISON – A BRILLIANT SERBIAN, TESLA –who came to America to be able to use his brilliant mind to invent ALTERNATING CURRENT which allowed electricity to be transferred over many, many miles and inventor the ubiquitous ELECTRIC MOTORS we still use today. The TRANSISTOR from a three inventor team of Shockley, Bardeen and Bratton in Bell Labs, (where I once had the honor of working as a consultant) -- the COTTON GIN by WHITNEY – the WRIGHT BROTHERS – Inventors of the AIRPLANE and the AIRPLANE INDUSTRY – Kary Mullis – the brilliant conceptuallizer who’s “Flash of Genius” moment created the means of Replicating DNA which allowed it to be THE certain means of identifying and capturing criminals. For this he won a Nobel Prize.

THE BASIS OF OUR COMPUTER ARCHITECTURER–VON NEUMANN , a Jewish Hungarian, Swiss and, German educated mathematical genius who escaped from the Nazis and was the founding Professor at the Institute for Advanced Studies in Princeton, NJ, where ALBERT EINSTEIN – the truly INDEPENDENT GENIUS -- spent his last days.

Note that all but the three from Bell Labs, were INDEPENDENT INVENTORS. Even the creation and development of television by use of the CRT – was the original development .started with the brilliant concept of the back and forth movement of an electronic beam constantly making up a picture in the mind of a 14 year old Mormon boy while plowing his field – back and forth and back and forth. He realized it could make up a picture -- so he learned electronics to enable him realize this epiphany that allowed our world to transmit and create pictures AS WE DO TODAY. The boy’s name was Philo Farnsworth.

And let’s not forget the genesis of the ATOMIC BOMB suggested in a letter to President Roosevelt by Albert Einstein -- the Inventor and mathematician who Time Magazine labeled the Most Important Person of the 20th Century. Who said “All that it valuable in human society, depends upon the opportunity for development accorded the individual.” Then its follow on, came the hugely more powerful HYDROGEN BOMB conceptualized and created by a gathering of INDEPENDENT immigrants from Germany – EINSTEIN – Hungary TELLER, SZILARD , Italy -- FERMI and others, who were the minds behind the super secret – super successful Manhattan Project that created the weapons that made America the most powerful nation on earth with the most powerful WEAPONS on earth..

There are too many other brilliant and productive individual innovators and inventors to comment on. But this list will refresh your memories and show you that our AMERICAN opportunity for invention, is the reason that America grew from an agrarian society to the Top Technical and Financial nation on EARTH. Sadly NOW – ill conceived and deadly “Patent Reform” legislation may have NOW DESTROYED THE AMERICAN TALENT AND DREAM..

HARMonization – the entrenched trans-national companies who BOUGHT THIS VOTE – did it partly to HARMonize our BEST IN THE WORLD -- WORKING, patent system, with the VASTLY INFERIOR ONES in the rest of the world. But WHY would we want to be HARMonized DOWN to the lowest common denominator foreign countries?

BECAUSE this legislation, passed by a Super Majority it WILL CAUSE America to be swept
into the Dust Bin of Once Great nations. Egypt – Greece – Rome, anyone?

Is there anyone reading this who believes we elected our Congress to Destroy America? If not – let us join together to replace the 95 Senators and 304 Congressmen at the next possible elections.

ADENDUM

The quote below was used by Chief Judge Paul Michel, just retired head of the Federal Patent Court, It is from the highly respected Judge Markey, who succinctly wrote:

“Many giant corporations have no need of a patent system. They may obtain patents, but only as a defense against some little machine shop operator who might otherwise invent and patent something the public would demand and the big corporation would have to negotiate for, instead of just adding the item to its product line. Many large corporations would be glad to compete on size, nationwide service, high volume, strong finance, and prompt delivery. They can kill off smaller competitors on any of those bases, unless the small competitor has a patent on a product somebody wants to buy”

Also from Chief Judge Michel “But if this bill is a SLEDGE HAMMER that’s going to add a lot of cost and a lot of delay and add new issues and add UNCERTAINTY, IT’S GOING COMPLETELY CONTRARY TO THE RATIONAL FOR PASSING IT IN THE FIRST PLACE. And the “Reforms” may do more harm than good.”