The US Patent System is the primary contributor to the US economy. Since the establishment of the nation, the patent system has promoted innovation culture, which is directly responsible for inventions, which is more than all the inventions collected in all the major civilized areas in all thousands of years. However, the U.S. There is a loss inherent in the political system and the court arrangements. Inability to use patent decisions has been used by corporations as an excuse to create a patent culture, which is to free all inventions for corporations. Corporate lobbying activities and litigation agendas have gradually influenced the government in the formation of an anti-patent political scenario in the last half century.
Anti-patent political landscape
In this anti-patent political scenario, the government considers inventions in the form of commodities, regulates inventive activities like producing commodities, treats patents as public properties, and procedures for restructuring of patent laws and office furniture Changes to. The inventors spent years of hard work, used inventor skills, and used personal resources to invent and dedicate their inventions to the public, the inventor can only hope that the government will provide its constitutional promise. However, the government has made every possible effort to frustrate the rights of patent owners to implement their constitutional rights. The government has changed the rules and laws in the prior art scope, prioritization of invention, position of injunction, litigation venue, patent building, error correction, enabling need of disclosures, extension of mental step theory, abstract thinking theory, illegal process etc. To ensure that patent applicants will not get a patent, patent applications will be rejected, patents will be canceled, patents cannot be issued, the patent will not be reduced in the suit or any damage, and the patent owners will get the court Is fired or rewarded liabilities. Immediately after the AIA has passed, the inventor has reached the highest point. The combined effect of all government functions by the legislature, federal courts and the patent office is not less than the total confiscation of constitutionally promising awards.
Hypothetic Example of Anti- Patent movement
I show with a fictional example how this anti-patent movement has become. AIA offers several grant-in-aid procedures to cover patents. An ongoing patent can be challenged for unlimited time. Thus, if the marginal eligibility patent becomes invalid by 0.5 probabilities, then the probability of its existence will be five times after independence challenges to 0.03. For one hundred such patents, if the patent office only listens to the challenge, then around 50 patents will survive, if each patent was independently challenged five times, only about 3 patents will survive.
Designers of illegal procedures are not aware of this fatal flaw in the common law model, which was developed by Kings in ancient times. By studying a simple model, they should see that the result of the next challenges will be in favor of being invalid. Unlimited challenges will ultimately hit a lottery, again the speed of the dismissal will be able to throw the plaintiff out of the court, and the repeat prosecution of the defendant will definitely result in persistence.
A nation cannot use such a clearly defective process to give justice. This type of patent justice is not justice. This is a patent joke which should shock the world. Actually, the result of the above hypothetical example will be worse. That those three patents will not be able to survive in accordance with the imaginary possibilities, because the outcome of each challenge will be very much affected by the political environment.
In this anti-patent period of patent, patent judges should be “right” to invalidate the patent, therefore, the technical, non-grace rules, procedural features, evidence reliability, for personal prejudices to reach the patent judge result Can use unlimited tools which is the right result. When nothing can be done to get the result of illegal patents, they only call apples oranges. Nobody can see factual distortions in their opinions because they characterize facts in their languages. Many patent board decisions are as worse as calling apples oranges. On top of all, they can use the most powerful weapon: using worldwide references in any combinations. Any patent can be invalidated in a challenge, two challenges, more challenges, and still more challenges. Even after avoiding a hundred challenges of a patent, can be opened from a cemetery somewhere in a remote country, or translated into rare languages or can be manufactured and manufactured by patent thieves. Now, the patent has finally become illegal because nobody can show reference problems. Contrary to the very little validity of legal principles and procedures arising from the common law courts, the absolute accuracy ideology is accurate. The patent office should now stop the illegal process because nobody is completely illegal on the basis of science, because the root cause is a violation of the process.
When patent become a lottery
In the patent system, this anti-patent political scenario has caused irreparable damage to public confidence, where the exchange between inventors and the public is voluntary under the American Constitution when the patent lottery tickets or liabilities are hooked, the prizes are empty promises. At the top of all the problems, the low loss prizes imposed by the courts have the effect of excluding “patent troll” from litigation firms, accused companies, IP enterprise funds, insurance companies and patent litigation business. As a result, the inventor has not ended anything from the invention venture for a long time since his decades. After they dedicate their inventions to the public, they cannot get back their inventions. Such rewards are as unworkable as no-reward-for-inventions in the human histories and are same as invention state-ownership once known in Russian. Given the high cost of prosecution and litigation costs, only a small fraction of the American population (below 0.1%) can afford to create an invention venture. Such a patent system now encourages the population to invent and disclose, but to scare away the inventors. The patent system has become a special government unit for managing corporate product improvement, and patent enforcement has become only a business venture for big corporations.
Anti-patent movement took Place when US facing competition!
This anti-patent movement took place at a bad time when the U.S. The world was experiencing intense competition. This is the time when the US In competition, state and federal laws face the inherent losses in competitiveness of low productivity due to disputes and court system, whereas competing countries have increased their productivity dramatically. US anti-patent culture started discouraging innovative activities, while competing nations including China and Japan consistently improved the patent system and increased patent. Even Russians added monetary damage in the form of measures and thus made it more favorable for patent owners to its patent system. Although most countries have amended the patent law to promote innovation, but the U.S. Exactly, as a result of US anti-patent movements, the US Only a small percentage of the general population in the patent system is potential investigator, whereas competing countries have expanded their inventor pool so that more people can reach their normal population. This fact is reflected in the number of patent filing: china annual patent filing number has exceeds the U.S. figure by several magnitudes. Compared to exclusive rights, more competitive countries are more deliverable because litigation costs are very low. In comparison, special rights in the US have become meaningless due to patent validity, inability of the courts, and high uncertainty in corporate disputed culture. Each of those countries has one or more specialized technical areas. By looking at the combining strengths of inventing activities of all competing nations, the U.S. does not have a chance to maintain its current competitive position.
U.S. Patent and U.S Corporation Allegations
While ignoring the war-defeat situation, the US corporation still complains about the patent’s accuracy to promote the full patent quality standards and so-called “international standards” etc. The government has failed to understand that an international standard affects different countries in different ways on technical roles in their economies. A similar international standard US Is the most harmful, less beneficial for less harmful, developing countries for less advanced countries, and the most beneficial for countries competing with the US. It is clear that adopting an international standard in the patent leads to the highest damage to the United States. The government is still trying to reduce the number of patents and provided illegal patents. Even though it is obvious the U.S. Patent system is completely dead and these two hundred years innovation culture is gone, the government has not realized what must be done to ensure that patent system will have inventors and the public will enjoy future inventions.
In such anti-patent climates, the government does not want to sue each other on patents and remove the patent market and reduce the prices of inventions, with comprehensive policy policies not to negotiate with inventors, and a patent -It is openly committed to not sue on the other. On July 13, 2017, House IP Subcommittee holds each other on bad patents and patent trolls. None of the witnesses says that patent trolls are natural consequences of judicial inefficiency, which should be addressed by reforming the court system. The witnesses failed to indicate that bad patents only contain very small numbers, their adverse effects are very less compared to the huge contribution of inventions and inherent innovation to the economy. The congress failed to see that the U.S. is in a war losing situation, and failed to focus what is really important to the U.S. future. Large systems will have to tolerate some bad apples to work and any attempt to eliminate some bad apples will definitely harm the patent system. The entire system is about to dooming which he has done. The government’s stupid actions ensure that the US eliminates innovative activities and is losing technical competition in all areas including production arts, basic research, disruptive technologies, and ground-breaking technologies. The US technical situation lost in trade performance data is partially reflected.
Forfeiting Patent Right in U.S.
By Forfeiting patent rights, the U.S. Naturally enjoying a relatively short period of economic boom, corporations enjoy the benefits of harvesting plants to actually feed. After the end of this short boom, the U.S. All areas will feel the effects of the technical edges lost. After the end of this short boom, the U.S. All areas will feel the effects of the technical edges lost. The US will lose product competitiveness in all areas, losing technical license revenue, increasing trade deficit, losing tax revenue, adding more national debt, and seeing more broken roads and bridges, losing tourism business, and social causes Reducing the ability to solve unrest, environmental pollution, natural disasters, and epidemic outbreaks. When one day comes that the public needs new inventions to save the lives of the country or the population, then no invention will be found, and no invention will be made from the sky. The US will harm the role of the dollar as the currency of the world due to competition lost in exportable products and technologies, and it’s GDP, which includes high share of junk revenue and highly high service charges, will fall. GDP loss, as it has been evaluated in foreign currencies, will be more than half of its current figure from the dollar changed alone, I predict that according to the pricing used in Asian and ERIC countries, the US. GDP can retain up to a tenth position of value in terms of purchasing power.
U.S patent system to secure National Future
In order to secure a national future, in forming a legislature, the Congress has the capability to compete in the world in the form of superpower and key technologies in the U.S. The role of the patent system should be considered positive. The Congress should consider the cost of the patent in relation to the patent system’s contribution and the result of shutting down the patent system. Even the biggest claim is based on patent litigation (mostly patent troll), the annual expenditure of US $ 29- $ 60 billion is spent, total cost was less than 0.3% of the entire economy. Certainly more than 0.3% of the entire economy can be involved in inventions and business opportunities about innovation activities. The Congress should see that any attempt to eliminate this small part of the cost of patent litigation will have to be adopted by the entire economy. The adverse effects of incorrect fixes are not 0.3%, not 3%, or even 30% of the economy. The U.S. should not have entered into the free-inventions-for-corporations and patent’s public right era.
Congress considering the facts!
• The benefits from promised patent rewards constitute only a tiny fraction of the benefits that the public receives from all patent deals between inventors and the public. It is a bad policy to mistreat inventors in any case resulting in a loss of a large number of deals for the public.
• Among the public member, corporations benefit the most from the patent system. We should note that most large corporations use thousands to millions of inventions that are originated from the patent system. None of the inventions are free.
• Treating patent right as a public right would result in fewer patent disclosures: this is well reflected in invention accumulation paces in the thousands years of histories of the four major civilized regions in the world. Demanding free inventions means no invention. Treating inventive activities like corporate business will suppress inventing activities.
• Most importantly, turning patents into lottery tickets and liability hooks dramatically reduces patent values. The reduced damages awards would discourage litigation funds, insurance companies, and venture funds from funding patent litigation.
High validity uncertainty with limited limitation limited by the courts makes the patent unenforceable. For all those reasons, patent law would be most favorable to the inventors if the government wants inventors to create and create patent disclosures.
U.S inventors are depend upon the real reward
How many u It will depend on the inventors, depending on the fact that it gives real reward. The concept of independent-invention has never worked in thousands of years of human history, and neither the idea of the inventors forced to invent has worked neither. To provide adequate incentives to inventors, a solid patent policy should be prepared, which are the leaders in the development of the economy. A sound policy is to reduce patent-eligible standard for patent, eliminate patent uncertainty, abolish inequitable conduct rule, reduce prior art standard, restore the first-to-invent rule, restore injunction as a right, eliminate patent application fees and maintenance fees, reduce or eliminate court fees for patent cases, eliminate no-mercy rule, abolish inequitable conduct defense, criminalize all anti-competitive commercial activities relating to patents, eliminate all common law defenses, pre-empty state regulations in any area relating to patents, and revive invalidated patents. It is the time to study all inventor-hostile cases and statutes to understand how they collectively destroyed the patent system. The Congress should systematically overrule them. Congress should address all patent laws using the entire system approach, and it must be clearly aware that each inventor-hostile law or court decision is intended to cure a separate problem, discourages other inventors and As a result, a large number of important inventions can be lost; By using full-fledged ideology in patent validity, the investigators discouraged the contribution of their inventive talents, but encouraged the formation of a harmful culture of infringing patents and stealing inventions; And the systematic misbehavior of inventors is the ultimate effect of shutting down the patent system. The inventors are free to walk away from free and revealing.
After Irreparable damage
After the irreparable loss of public confidence in the patent system, patent system overhauling is no longer a viable option. To continue as a powerful nation in the world, the US should restore their population to the discovery business and create a new innovation culture, which can reach the entire population. It cannot believe in Thomas Edison’s “miserable system” in time. Due to intense competition in competing and important roles of technologies, America should do more than necessary to return the dead patent system to the “box system”. One more thing is what the Congress should do to revive all illegal patents under the AIA.
Cash reward to the inventor
The US should consider providing cash prizes to the investigators. To counter the corporate culture of infringing patents, the only way to attract future inventors is rewarding innovators with cash. Technologies will not grow until the US Provides definite, substantial, meaningful and quick prizes the only proper way to get reward funds is to use the inventive usage fee by mature companies in accordance with their invention usage levels. Corporate free-invention it is the only solution to resolve the rapid struggle between demand and reality that no one can make independent inventions. In addition, according to the applicants’ use of applicants, patent office fee structure should be reconstituted. Applicants should not only need to pay any fees to contribute to the applicants, but applicants should pay the fee on the basis of usage levels of invention. This fee structure is clearly better than the current fee structure.
U.S loss the Trade War, why!
In the World Trade War, The U.S. One of the main reasons for the loss of the patent-eligibility requirements is high. Without any promotion of product incremental improvements, the US Never improves the quality of the product. Therefore, the protection of utility models like consolidation in the U.S. Importantly important for the future. Americans can make good products, but corporations fail to provide encouragement to small product improvements. This often results in situations where ten small improvements in foreign products make them far more attractive to consumers. Many competing nations including Germany, Australia, Japan, China, Russian (Newly added), India (will add) grants protection for utility models. As far as the JPO officials are concerned, 96% of people believe that the utility model has played an important role in economic and technological development, while 76% agreed that the utility models system also increased rapidly in Japan Being responsible for the industrialization was happening. Such protection would be even more important in the US because the patent qualification standard in the US is very high. It is a big technical place where no security is available. Any improvement can be copied and used by any person, so anybody would want to spend time in small improvements. It is precisely that the US. Products can be sold well, even if its overall quality and features are better. U.S. The products are full of shortcomings in appearance, use configuration, material, weight and size and durability.
When the nation was established, America was innovative in creating a patent system and then two hundred years ago. In this new era, when technology is important in competing, America should be more innovative in creating a new patent system. Such a new patent system is designed to promote innovation culture in which all possible investigators have been included. America, as the technological leader, should never have moved backwardly to join so-called international standards to become a follower, but must pull away from the crowd by creating a new patent system with stronger incentives for innovation. To make new public trust in the new patent system, the US must do anything so that the new patent system attracts the entire population to invent and disclose. It is hoped that those proposed measures will take more time to cure root problems in the state-federal legal system and court problems to fight for America.