PATENT EXAMINATION BY THE BRAIN DEAD FOR THE BRAIN DEAD

PATENT EXAMINATION BY THE BRAIN DEAD FOR THE BRAIN DEAD.
This seems like a good exercise for non-patenting academics to learn WHY our 218 year old patent system is the most productive and admired In the world.

WHY THE AMERICAN PATENT SYSTEM WORKS

The purpose of the American patent system is to grant a limited, short term, monopoly, if an inventor FULLY describes and disclosed his or her invention. The Patent Application description of the invention is to advance the art and TEACH it so that others can build upon and improve upon it. BUT – under the terms of the constitution --- “Congress shall have the power to promote the progress of useful arts by securing for limited times to authors and inventors the EXCLUSIVE right to their respective writings and discoveries.” Which has meant, for over 200 years, the deal with the PTO (U.S. Government) was – You, the inventor – disclose – and we the PTO HIDES, ‘Secures and PROTECTS your disclosure, unless and until patent protection is or is not granted. If granted – the “protected” patent is published and the information is disclosed to the world for its enlightenment and as a basis for improvement by others to extend the technology to greater heights of development.
And if a patent protection is NOT granted – the information will remain secret for the inventor to either provide information that may become a more suitable patent – or, for it to remain a trade SECRET which can be used by the inventor. But it is NOT to be published for the world to see and steal.
THAT is what the American Patent system is all about. And THAT is why it is and has worked so successfully for so long. And – why America is STILL the technological leader of the world.


WHAT IS A “PEER” TO AN INVENTOR, INDEPENDENT OR OTHERWISE?


First off --- it is NOT an academic who is NOT an inventor. Because he/she did NOT invent the invention to be poked, prodded and “peered” into, by those incapable of or unable to have conceived it in the first place.
Second -- it is not even another independent inventor – because he/she clearly had not had the foresight, insight and skill for creating the invention to be prodded, poked and “peered.” And HINDSIGHT is Not the same thing as the creative process.
Third --- it may have to remain the job of the qualified, professional U.S. Patent examiner who, among other things --- is a quasi-fiduciary government agent, whose job it is to serve, search, secure and/or reject and protect the subject patent application from disclosure to the world at large. Strangely --- this peer pushing proposal does everything sdrawkcab (“backwards” for those who have not had the pleasure of setting type in the good old pre-computer days.)
To put this in a more easily understandable way – this “peering” under the skirt or kilt of an unprotected patent application, would be like publishing your private financial information – bank accounts, passwords and mother’s maiden names – for the internet world to see and steal. Would any sane dear peer pusher, do that?
In fact this is EVEN WORSE than the madness of Senate Bill S.1145 which proposes to mandate the publication of all U.S. Patent applications – only 18 months after the application is filed – despite the usual 33 month (or more) gestation period from application to patent..

Below is one of my original cartoons that may help you visualize just how dangerous is unprotected, Premature, pre-Patent-publishing of applications to the world at large.


OR



In fact – the proposed “Peer to Peer” disclosure would weaken our world-leading patent system even BEFORE the madness of S.1145 would toss our now secret patent applications to the WORLD WIDE WOLVES TO DEVOUR!

Over the Cliff on Senate S.1145

Click for Larger Image

Vote No on S.1145

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