Thanks to Obzilla (KSR v. Teleflex), a largely subjective standard for patent invalidity, the courts have done their bit stealing wee folks' patents so that large corporations don't have to pony up for pesky damages (see, e.g. Odom v. Microsoft). Obzilla has been great grease for loosening the grip of patent protection from sneaky serfs. But it's not enough.

With the economy still sluggish, the moment for Congress to act finally arrived. After many years of milking corporations for lobbyist donations, Congress delivering the patent deform goods is long overdue. With a new snappy banner, the "America Invents Act," the stars are aligned. The Senate passed its corporate patent sop 95-5. Apparently the fickle five were not satisfied with their payola.

But the House is a hotbed of populist loudmouths. Whack-job Rep. John Conyers (D., Mich.) had the gall to point out that the patent act would "benefit large multinationals at the expense of independent inventors and small businesses," and would "harm jobs, harm innovation and harm our nation." So, after such pointless rabble-rousing, the House passed its version of the bill only by 304-117. It was enough that House Judiciary Committee Chair Rep. Lamar Smith (R., Texas) cooed: "this bill is designed to help all inventors," graciously not mentioning the Grand-Canyon gap between design and actual legislation.

There's been concern about the USPTO not getting all its fees. Congress long used the patent office as a tiny cash cow. That stopped when it became abundantly clear that the patent office wasn't keeping up. Obzilla helped the PTO clean the stables, but the task is Aegean (those damned lazy Greeks again). The Senate bill let the PTO keep its proceeds, but the House bill kept the prospect of siphoning funds, under the comforting label of "oversight." Those House hustlers can be creative. This conflict will be resolved in committee negotiations. The House will yield. The President will sign the Act into law, so we can all HOPE anew: that the potholes in the road to recovery are paved over so those mega-corporate 18-wheelers can keep rolling.

It is the natural order of things. The old ways are the best. Capitalism is just feudalism rebranded, after all.

Little man, keep inventing. The corporations need new ideas. As for payback, my bouncy bumpkins, enjoy the bread crumbs. Here in America, you don't need to sell your kidney to buy an iPod. At least not yet.