Virtually every major stakeholder is saying the bill is fine.
— David Simon, Intel (quoted in a Dow Jones article about patent reform) (emphasis mine).
Both S.23 and H.R.1249 give large companies incentive to flood the patent office with thousands of provisional applications based on employee submissions, effectively blocking independent inventors that lack the resources (or knowledge) to do the same. Further, H.R. 1249 gives companies incentive to keep innovations secret until independent patent rights are asserted, delaying the dissemination of knowledge.
Passage of the America Invents Act should be defeated (or at a bare minimum delayed) until Congress and the public hears from the minority stakeholders (who, bear in mind, create more jobs). Congress’s obligation here is not to bow to the wishes of a tyrannical majority, but instead to exercise their own discretion about the boundaries of the Constitution and sound policy.
Democracy: three wolves and one sheep voting on what’s for dinner.
- Supreme Court Decision in Stanford v Roche Has Contract, Patent Reform Implications (patentcalls.com)
- America Invents Act: Un-American Patent Reform (gametimeip.com)
- America Invents Act Update: Patent Reform Takes A Partisan Twist (gametimeip.com)
- Andrew Lake: Opposition mounts to Senate’s patent reform (knoxnews.com)