
Obama radically reformed an important American system -- and you didn't even realize it!
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While President Obama's constantly "reforms" areas of our legislation and laws, the traditional patent law has taken a hit. Although most Americans know very little and don't care very much about patent laws, the effect these changes will have on innovative America can be abominable.
Highlights
Catholic Online (https://www.catholic.org)
5/27/2015 (9 years ago)
Published in Politics & Policy
Keywords: Patent, patent law, America Invents Act, AIA, Obama, Obama administration, Obama reforms, Founding Fathers, inventors, intellectual property rights, Innovation Act
LOS ANGELES, CA (Catholic Online) - In 1790, the Founding Fathers created a patent system that was decentralized and marked-based. It added the "fuel of interest" to the "fire of genius." According to CNS News, "rather than denigrate the profit motive, the patent and copyright clause of the Constitution celebrates and encourages 'individual effort by personal gain (as) the best way to advance public welfare through the talents of authors and inventors."
Under the previous patent law, there were intellectual property rights; it was not about who filed the paperwork first, but who had the idea first.
In 2011, Obama signed the America Invents Act (AIA). This law, sponsored by Sen. Patrick Leahy and Rep. Lamar Smith, was proposed as a "job-creation vehicle that would relieve a backlog of an estimated 700,000 patent applications and crack down on patent 'trolls'" abusing the system.
In reality, AIA seeks to align the United States' patent laws with the rest of the world's. This will "reward paper-pushers" who file first at the patent office, not those who invent first.
"The U.S. gets 10 times the angel and venture capital of Western Europe -- which recently declared an 'innovation emergency,'" explained longtime venture capitalist Gary Lauder, noting that the "first-to-file system" has hurt and suppressed solo and small-businesses in Europe and Japan. "So why are we harmonizing with them? They should be harmonizing with us."
Obama's new measures directly threaten to throw "garage tinkerers" and small investors out of the marketplace.
Similar to Obamacare, AIA is massively long and complex. With 140 pages full of earmarks and bribes to outside establishments, the 37 sections of AIA are nearly impossible to interpret. It will result in "cases interpreting the law going to courts for 20 years before lawyers really know how to advise clients," expressed David Boundy, a patent lawyer.
A new "reform" package presented itself this week, that "supposedly takes aim at a tiny minority of patent 'trolls.'" However, it will end up making it more difficult for inventors to protect themselves "from having their inventions and ideas stolen," explained inventor Louis Foreman, insisting the new law will prevent the enforcing of intellectual property rights.
"In truth, the AIA and its legislative successors are special interest boondoggles that enrich corporate lawyers, Big Business and federal bureaucrats at the expense of the independent inventors and fledgling innovators the American patent system was created to protect and encourage," according to CNS News.
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