Patent reform bill gasping for air
The patent reform bill, supported by much of the high technology industry, has stalled in Congress, and the prospects for any legislative action in 2008 look dim. The legislation has passed the House of Representatives in a version preferred by a group of more than 150 high-tech and financial-services companies, but it appears to have hit serious roadblocks in the Senate.
Computer software and hardware makers that support the House bill, including Microsoft and Dell, have been pressing Congress to make it easier to challenge patents and to limit the damage awards for infringement. But they have faced stiff opposition from the nation's major pharmaceutical and biotechnology companies, as well as manufacturing associations that fear the legislation will undermine crucial patent protections.
The broader debate has been driven by a rising concern that innovation has been stifled and productivity harmed by increased patent litigation, an overburdened U.S. Patent and Trademark Office, and an outdated patent system.
For more on the patent debate:
- see this cnet.com article
Comments
All this talk of a need for patent “deform” is but a red herring fabricated by a handful of large tech firms as a diversion away from the real issue...that they have no valid defense against charges they are using other parties' technologies without permission. It’s not about reforming the system. It’s about legalizing theft!
The objective of these large firms is not to fix the patent system, but to destroy it or pervert it so only they may obtain and defend patents; to make it a sport of kings. Patents are a threat against their market dominance. They would rather use their size alone to secure their market position. Patents of others, especially small entities, jeopardize that. For example, the proposed change to eliminate the use of injunctions would only further encourage blatant infringement. Any large company would merely force you to make them take a license. They would have little to lose. Everything would be litigated to death -if a small entity can come up with the cash to pursue. That's what these large multinationals are betting against. This legislation in regressive, not progressive.
Sadly, some legislators and other parties have been duped by these slick firms and their well greased lawyers, lobbyists (some disguised as trade or public interest groups), and stealth PR firms. Don't be surprised to find the Washington lobbyist scandal spreading into the patent deform proceedings. These companies are simply buying legislation.
When corporate America agrees to not use our inventions without consent, American inventors and small entities will agree to stop suing them.
Touché! I agree with you wholeheartedly. In comparison, it’s like the playground bully (some large tech firms AND some IP attorneys’) vehemently complaining to the Principal (the Judge) that the big nicer kid (Texas court system) isn’t playing fair because he heroically took back the bag of goodies that the fascinated ogre bully took from the nerd. This is also the person at the party surrounded by six and a half mirrors (the half one in his/her back pocket labeled “ I am conceited and selfish…to say the least”) whining when wronged about how unfair life is because he/she just lost above all the “cookie bet”. How shameful. It seem as though every system in America has become infested by this kind of lustful greed and corruption. No wonder our neighboring countries secretly disdain Americans and think that we are a bunch of greedy sphincter muscles. I applaud the Texas court system for sticking to its true foundation of fairness and upholding the law. I only wish that they would give free webinars (seminar) on their method of doing things, because it really does count. Most Americans still love and honor Integrity and sincerity.
I have quite a few amazingly resourceful products that would serve a wide variety of the market segment both at home and abroad that I would love to bring to the market, but the bureaucracy is a flat toast and has stopped me momentarily from reaching the many people that I really want to help. It’s a task trying to find funding and honest help, especially when you are just getting started AND you work for a living. This should not be so especially if as Americans we are trying to boost the weaning economy. I’d love to help in any way that I can, but what’s a girl or anyone to do facing this kind of greed and hypocrisy! I’m not looking for a handout or in (greed) although it would be nice to receive something back after giving so much, but what I am looking to receive without walking the Chinese water torch (no offense, I love ALL Chinese and foreigners, my 2 year old grandson is part Korean) is a way to finance my product. That’s it. No orange and green tape (or whatever color it is this year). Again, I applaud you for your truthful stance and for those of you that it applies to, shame on you and I hope this forum serves as a stiff dose of Magnesium Citrate. Love you…honestly…seriously, I am one of the Americans that love and honor Sincerity and all of the other good stuff.




