Thursday, November 1, 2007
THE TRUTH ABOUT “BAD” PATENTS AND THEIR ROLE IN PATENT PROGRESS
THE TRUTH ABOUT “BAD” PATENTS AND THEIR ROLE IN PATENT PROGRESS
By George Margolin Vice President – Professional InventorsAlliance
Here’s the REAL skinny on “bad” and non manufactured patents. Are they BAD as the Gargantuan Goliath Trans-National Corporations constantly complain or are these claims just stalking horses to let them CORRUPT DIMINISH AND DESTROY -- the BEST-IN- THE-WORLD AMERICAN PATENT SYSTEM? Read on for the answer.
First off – OUR patent system – was designed by our brilliant Founding Fathers. to offer inventors a chance to STOP HIDING their inventions asTRADE SECRETS in order to protect them from theft. Yet, at the same time, to TEACH those capable of learning about their new and improved inventions and creations. The TEACHING mode is THE MOST IMPORTANT part of our patent system.
But the DEAL WITH THE DISCLOSING INVENTORS WAS AND SHOULD NOW ALSO BE – the PROTECTION of that information through being kept SECRET by and in the patent office. After which – IF a patent ACTUALLY ISSUES – the information would be PUBLISHED for all in America – and the world as well – to learn from and build upon. But onlyh AFTER it was published and “protected” by a patent – “Congress shall have the power to PROMOTE THE PROGRESS of Science and useful arts by SECURING FOR A LIMITED TIME the E X L U S I V E right to their respective writings and discoveries.”
THE INVENTION AND FILING SEQUENCE FROM PATENT APPLICATION TO PATENT GRANTED
1. Inventor invents
2. Inventor discloses to the U.S. Patent Offfice
3. Patent office acknowledges receipt of disclosure and keeps it secret while examining the patent application/disclosure.
4. Patent office – after the time required – either ISSUES a patent or DENIES and REJECTS as patent.
5. IF ISSUED – the patent (not the application which may have changed during examination) is PUBLISHED
6. If REJECTED – the application with all its possible back and forths – and changes – is NOT published
7. If NOT published the inventor may re-file an IMPROVED (hopefully) application OR keep it as a trade SECRET
8. IF PATENTED AND PUBLISHED – the world is GIVEN this new knowledge – to BUILD UPON, but NOT INFRINGE until the patent terms out
That is – perhaps until NOW – the DEAL that has made America the Greatest Creators of vital technolog and LEADER of invention IN THE WORLD.
That means that ALL published patents --- whether they are “good” or “bad” patents – whatever “bad” means – as I learned in my training in the Psychological Arts,
--- “EVERYTHING IS GRIST FOR THE MILL” -- meaning that even the seemingly LEAST IMPORTANT DISCLOSURE of the least important patent disclosure or psychiatric session may lead to concepts and ideas and insights the COULD LEAD TO MAJOR BREAKTHROUGHS.
So that the most INSIGNIFICANT patent – might well be provide an EPIPHANY for someone to base a Better, More important or even World Shaking invention or innovation.
So – THERE ARE NO BAD PATENTS! ALL patents are designed to TEACH.
EARLY PUBLISHING BEFORE A PATENT ISSUES – destroys the entire “Quid pro Quo” BASIS OF THE AMERICAN PATENT SYSTEM and CHEATS the inventor out of ALL of his protection to EXCLUDE OTHERS as stated in the Constitution .
By George Margolin Vice President – Professional Inventors
Here’s the REAL skinny on “bad” and non manufactured patents. Are they BAD as the Gargantuan Goliath Trans-National Corporations constantly complain or are these claims just stalking horses to let them CORRUPT DIMINISH AND DESTROY -- the BEST-IN- THE-WORLD AMERICAN PATENT SYSTEM? Read on for the answer.
First off – OUR patent system – was designed by our brilliant Founding Fathers. to offer inventors a chance to STOP HIDING their inventions asTRADE SECRETS in order to protect them from theft. Yet, at the same time, to TEACH those capable of learning about their new and improved inventions and creations. The TEACHING mode is THE MOST IMPORTANT part of our patent system.
But the DEAL WITH THE DISCLOSING INVENTORS WAS AND SHOULD NOW ALSO BE – the PROTECTION of that information through being kept SECRET by and in the patent office. After which – IF a patent ACTUALLY ISSUES – the information would be PUBLISHED for all in America – and the world as well – to learn from and build upon. But onlyh AFTER it was published and “protected” by a patent – “Congress shall have the power to PROMOTE THE PROGRESS of Science and useful arts by SECURING FOR A LIMITED TIME the E X L U S I V E right to their respective writings and discoveries.”
THE INVENTION AND FILING SEQUENCE FROM PATENT APPLICATION TO PATENT GRANTED
1. Inventor invents
2. Inventor discloses to the U.S. Patent Offfice
3. Patent office acknowledges receipt of disclosure and keeps it secret while examining the patent application/disclosure.
4. Patent office – after the time required – either ISSUES a patent or DENIES and REJECTS as patent.
5. IF ISSUED – the patent (not the application which may have changed during examination) is PUBLISHED
6. If REJECTED – the application with all its possible back and forths – and changes – is NOT published
7. If NOT published the inventor may re-file an IMPROVED (hopefully) application OR keep it as a trade SECRET
8. IF PATENTED AND PUBLISHED – the world is GIVEN this new knowledge – to BUILD UPON, but NOT INFRINGE until the patent terms out
That is – perhaps until NOW – the DEAL that has made America the Greatest Creators of vital technolog and LEADER of invention IN THE WORLD.
That means that ALL published patents --- whether they are “good” or “bad” patents – whatever “bad” means – as I learned in my training in the Psychological Arts,
--- “EVERYTHING IS GRIST FOR THE MILL” -- meaning that even the seemingly LEAST IMPORTANT DISCLOSURE of the least important patent disclosure or psychiatric session may lead to concepts and ideas and insights the COULD LEAD TO MAJOR BREAKTHROUGHS.
So that the most INSIGNIFICANT patent – might well be provide an EPIPHANY for someone to base a Better, More important or even World Shaking invention or innovation.
So – THERE ARE NO BAD PATENTS! ALL patents are designed to TEACH.
EARLY PUBLISHING BEFORE A PATENT ISSUES – destroys the entire “Quid pro Quo” BASIS OF THE AMERICAN PATENT SYSTEM and CHEATS the inventor out of ALL of his protection to EXCLUDE OTHERS as stated in the Constitution .
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