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December 27, 2007


A patent embodies a simple concept of private property, that of invention. Those opposed to the concept rage against it in vicarious ways, to weaken its power, as the concept itself endures. Ironically, current USPTO management tries to shuck its core responsibility of patent examination, by contriving elaborate rules and justifications to render its sloth less odious. The patent office's self-destruction has cheering supporters.

Eleven so-called "consumer advocacy and public interest groups" squirted ink into a collective amicus brief supporting the PTO's continuation rule changes: The Public Patent Foundation ("PUBPAT"), Computer & Communications Industry Association ("CCIA"), The AARP, Consumer Federation of America (“CFA”), Essential Action,Foundation for Taxpayer and Consumer Rights (“FTCR”), Initiative for Medicines, Access & Knowledge (“IMAK”), Knowledge Ecology International (“KEI”), Prescription Access Litigation(“PAL”), Public Knowledge (“PK”), Research on Innovation (“ROI”), and Software Freedom LawCenter (“SFLC”).

The public interest overwhelmingly supports the USPTO's Final Rules for at least two significant reasons. First, they will enable the USPTO to curtail abuses of the patent application process made by those patent applicants who seek to pervert the system to gain an unfair advantage. Second, the Final Rules will help the USPTO improve patent quality, which is a critical issue for ensuring the patent system benefits the American public.

The continuation rules are aimed at limiting claims on inventions; essentially, illegitimating complex inventions. As technology becomes more sophisticated, inventions invariably become more complex and intricate. The rules circumscribe a patentee's right to invention.

Call the "unfair advantage" of patents perverted is laughable. A patent is a reward for invention that grants an advantage; calling it unfair is nothing but pejorative by those against patents holistically.

That the continuation rules improve patent quality is ludicrous.

By helping the USPTO reduce wasted effort on unwarranted abuse of the patent application process, the Final Rules will free up staff and resources that can be used to improve patent quality, which is one of the most important issues for ensuring the patent system advances the public interest.

Inventors are constitutionally entitled to patent protection, a recognition dating to this nation's founding. If the patent office is flooded with invention, it's a compliment to the economic engine that keeps this country on the leading edge. To deny that protection because management is too inept to manage its resources, and too wretched to hire and retain staff, is to kill the golden goose because there isn't enough room for the eggs.

These groups are short-sighted in thinking they'll get cheaper goods without patents. Denigrating and denying patents is the perfect formula for shipping jobs to China and India as American invention becomes free for the taking; this while Asia itself is going nuts over patents. You get what you pay for.

Posted by Patent Hawk at December 27, 2007 3:20 PM | The Patent Office


What is really "laughable" is the Public Patent Foundation Brief. Very little mention of relevant case law, just Lemley & Moore, Lemley & Moore, and (more) Lemley & Moore. May be Cacheris will simply avoid reading this woeful Brief, and move on. But if he does read this Brief, hopefully he'll bury it quickly and pay more attention to Amicus Briefs, like the one recently submitted by IPO which beautifully flays 1.78(f)(2) for what it is, a supposed "procedural rule" which conflicts with case law and the statutes.

Posted by: EG at December 27, 2007 3:35 PM

I believe the only way to characterize the parties in favor of stealing patented inventions is scum. These individuals are vermin. If it were in their interest they would probably sell their mother for business advantage. It is not surprising that Asia has gone hog-wild on patents considering that the applicant may be a company. In the U.S. the individual is still king and the gluttoness, petrude sum we call the elite, the very redolence of which is felt every day by the overbearing 2005 Bankruptcy act that is causing people to lose their homes but pay their credit cards, the absolute vile pestilence of this class seeks nothing but to steal the very thoughts, ideas and labor of the common man. That is the essence of those that back so-called patent reform

Posted by: me at December 27, 2007 4:54 PM

Taken together, these organizations are known as:


I think we need to call the man from "UNCLE"

Posted by: johng at December 27, 2007 7:22 PM

The Hawk does give a Hoot.

Posted by: step back at December 28, 2007 3:23 AM

Me wrote:
"the absolute vile pestilence of this class seeks nothing but to steal the very thoughts, ideas and labor of the common man. That is the essence of those that back so-called patent reform"

Welcome to the dark ages, me

yeah, the filthy rich CEOs of large corporations became tired of paying patent royalties to those little bastards called "inventors" with little shitty pieces of paper called "US patents" but without manufactoring facilities in China
We are all nothing but "trolls" from now on...
The general american public is clueless as usual about the whole issues, or worse, completely misinformed by the constant anti-patent hysteria in the mass media paid for by the same large patent thiefs
This country goes straight to hell
It already lost most of its manufactoring, and it's not coming back
The next stage is to lose technological edge (and this includes military supremacy) and to become a third-rate country
Next thing the hordes of people from asia come here and enslave the proud to be americans...

Posted by: angry dude at December 28, 2007 7:32 AM