Trying to save us from our own stupidity


Dooms Day for Private Inventors
-happened yesterday,
when Obama took his mighty pin to the bill.

The Senate passed a bill that is sitting on Obama's desk that could snuff out private inventors. The Patent Reform Act would change the First to Invent Rule to First to File.

The Senate passed a bill that is sitting on Obama's desk that could snuff out private inventors. The Patent Reform Act would change the First to Invent Rule to First to File.

Check out today's Oct. 7th Journal entry-

First to File, is the next worst step away from changing the patent laws back to the terms prior to the signing of the GATT Treaty, when the terms didn't tick away until after the patent has been granted. With the combination of these two changes, private inventors can't truly consider ever receiving a patent on their inventions.

Basically they need to come up with more than the three types of patent categories and we need to use different perspectives of the different type of laws to create categories with their own individual boundaries.
           We have had for some time now, three different categories Utility, Design and Plant. I don't know much about Plant Patents other than they do have a shorter term before expiring.
     I always thought computer software to be considered protected by copyright laws already?
     And many of us can see where medical inventions may heavily rely on a bunch of printed paper for proof of first to invent, and that could certainly become a problem. First to file is obviously going to curb a lot of litigation when medical devices and software issues are there.
    I happen to think that the Drug Companies meat the requirements of being able to summit to the FDA for Approval. That filing should be consider as proof of conception. And if the FDA does it's job right in keeping the Filing Application, confidential and trade secrete.
     Upon the approval of the drug, by the FED. A one year time clock should be set for filing for a patent in the US (and hopefully in other joining countries who feel they need to get on the band wagon too.)
    However, I may not know what I'm taking about here be cause I know just enough to be dangerous at it.
    I think the extensions for medicines, should be eliminated because it's unfair to the other guys and people in foreign countries where people need to rely on the benefits of Genetic Medicines.
    During the patent pending period the Medical industry‚Äôs should be able to buy the $500.oo six months extensions of time for office actions, just like the next guys with other pending application. They have the two grand to send on two years worth of a submarine patent, (from what I gather as possible now.)

    However, the medical and software fields have the advantage to be able to keep their inventions trade secret. But for an artist in the Design category, they need to take it to the people in out door environments, to even determine if their design is even marketable, (which just happens to be a requirement to be even granted a patent on something.)
    Since mechanical contraptions have been protected under the Utility Patent category. Many of those applicants have been known as our farmers and back yard tinkers.
     The farmer has to be able to take their contraptions out to the fields just to and see if it even works. They need to be able to solve problems along the way and often they need the help of others along the way.
   The last thing a farmer wants to do is spend ten grand on a patent application for an invention he never took out of the barn for fear that a friendly neighbour might see it.
     Nor would a farmer want to file for patents on a plant if he hadn't seen it grow good in the field for a season or two.

I think the Patent Laws for the Plant Patents should share the benefits of proof of conception. I'm not sure how you would do it with plants, but a credit card and charge accounts receipt adding up to building a proto-type is as good as you can get, I image.
(I always said, "how can anyone say they invented it, when I'm the one driving it?)
      I think applicants under the Design, Plant and Utility Categories should not have to file on an invention until one year after making it public with a bill of sale. As with many countries out there already, where you can take your inventions to exhibition shows, and look for investors with out considering it being made public.

I think, the patent terms should be twenty years from the time the patent is granted, (maybe a little less like for Plant Patents.)(And get this, the drug companies will figure out, that depending on that two year submarine patent, they'd be sitting at either one year ahead or one year behind as to being equal to the cost of battling for and extension.) But the thing I like about MyStupidRules, the Medical Fields won't be getting any flavours of over the next guy.

I think there should be several categories and there should be unique rules and regulations for each one,
because with today's technology, one shoe does not fit all.

Now that there has been a few days go by and there has been consensus formed on what will happen to me as well as my inventions.
         Most of us feel that
if Obama signs the lousy bill, there would major differences with what happens to my truck . Many people fear that the signing of the patent reform bill would be a socialistic move to way of legislating things.

       The people in the consensus fear that my truck invention end up in time, (anywhere within the next twenty years,) be sold to them by a public traded company and built with shares bought at inflated prices. Over inflated just because of the anticipation of the profits to be made by my inventions making it to market.

However a down fall could very well be that the patents on my inventions could also be used to keep them off the market, for any time in the next twenty years, -earlier- or -later-.

The auto manufactures could very well use patents to my inventions to keep my inventions sitting on shelf for any amount of time within the next twenty years, as they wish.
There are many of us realize that the auto manufactures would rather not let it got to market, just yet. And if they did, we all know they would nickel and dime the thing so much that it could end up being an import from China and taxed to death.

Did to see, that thing in the Popular Mechanic magazine? The a prototype troop carrier built on the chassy of the F-450 didn't make it though the testing stages.
    Of course not. The suspension under the front of it is based on twisting rubber bushings. I'm sure that in less than a year of dirt roads; the front-end under it will be gunny sack.

>Something people know is less likely to see in a private owned company owned and controlled by me.
    Many Wall Street speculators agree that having my truck controlled by a private company would only be the better choice for all the public trade companies traded on Wall Street.
     The deal is, we like the idea of eliminating the middle man.

(To be continued at:)

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September 2009

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