Posts Tagged ‘inventors’

Inventors’ Rights Must Be Restored

Tuesday, January 11th, 2022

Ever since the Leahy–Smith America Invents Act (AIA) was passed in 2011, there have been bills introduced in Congress with the purported purpose of restoring inventors’ rights and fixing some of the problems generated by that Act. None of these bills were passed by both the House and Senate, and most didn’t even get out of committee for a vote. A few of these bills would have actually made matters worse, so it was a good thing they didn’t pass.

Besides changing our patent system from a “first to invent” to a “first to file,” the America Invents Act also created the Patent Trial and Review Board (PTAB) that has nearly destroyed inventors’ rights.  According to the U S Inventors end of the year report, “The Patent Trial and Appeal Board (PTAB) has cancelled claims in 84% of the 2,500+ patents reviewed since 2011 and most inventors do not have a half a million dollars necessary to fund a legal defense.”

In the 117th Congress, three new bills have been introduced with the purported purpose of again fixing the problems. These bills are:

HR 5902, The Clear Patents Act, introduced by Representative Darrell Issa (R-CA) on 11/05/21 to the House. The stated purpose is “To amend title 35, United States Code, to clarify the relation of Inter Partes Review proceedings and Post-Grant Review proceedings to other administrative proceedings, and for other purposes.” Since Rep. Issa was an original co-sponsor of the America Invents Act, bills related to patents that he introduces are not beneficial to inventors. This bill would amend Section 315, by adding at the end the following:

“(f) Relation to other administrative proceedings

If the Director institutes an inter partes review of a patent, any proceeding before a Federal agency (as that term is defined in section 201) that would be materially affected by one or more of the claims of the patent being cancelled under such review shall be stayed until a final written decision by the Board is issued under such review or such review is otherwise terminated. “

As an example of this type of action, U S Inventors commented, “The ITC can be effectively used to stop infringing products from coming into America. Issa’s bill allows any ITC action underway to be stopped if a PTAB action is instituted, and only continued after the PTAB action is concluded (if the patent remains intact).”

S. 2891, The Restoring the America Invents Act, introduced by Senators John Cornyn and Patrick Leahy into the Senate on September 29 2021. After the introduction, Sen. Mike Crapo  (R-ID), Sen. Amy Klobuchar (D-MN), Sen. Richard Blumenthal (D-CT), and Sen. James Risch, (R-ID)  have signed on as co-sponsors. This bill would also “amend title 35, United States Code, to address matters relating to the Patent Trial and Appeal Board of the United States Patent and Trademark Office, and for other purposes.” 

This bill is too complicated to quote any of the clauses, but basically it changes many of the procedures and rules of inter partes reviews and PTAB cases.

U S Inventor comments that “Leahy’s new bill greatly expands the grounds available for Big Tech/Big Corp to engage in IPR proceedings against the lesser financed small inventor or startup.”  It would basically strengthen the PTAB – one provision explicitly allows government agencies to use the PTAB to invalidate patents!

It is my opinion that the above bills are bad legislation and would be harmful to inventors’ rights. 

I was a mentor for San Diego’s CONNECT Springboard accelerator program from 2015 – 2018 and am a director on the board of the San Diego Inventors Forum. I work with inventors designing new products or break-through technologies to help them select the best processes and sources for their new products.

Inventors in the San Diego region have the opportunity to compete in the San Diego Inventors Forum annual invention contest for best new consumer product or best new technology. All contestants must have applied for at least a provisional patent before they can participate. The future success of their product or technology is contingent upon their having a patent they can protect from infringement. Their ability to raise the financial investment they need to bring their product to the marketplace depends upon their being able to protect their patent.

Why is this important? Because most new technologies, especially break-through or disruptive technologies, come from individual inventors who either start a company or license their technology to companies that are more able to take them to the market. Inventors must have the assurance that their invention will be protected by a patent because no investor will take the risk of investing in a product or technology that cannot be protected.  

Fortunately, there is one bill that would benefit inventors and restore America’s patent system to what it was before the passage of the America Invents Act.

HR 5874, the “Restoring America’s Leadership in Innovation Act of 2021” (RALIA), was introduced into the House by Representative Thomas Massie on 11/04/2021 and referred to the Committee on the Judiciary. Original cosponsors of RALIA include Rep. Louie Gohmert (R-TX), Rep. Paul Gosar (R-AZ), and Rep. Tom McClintock (R-CA).  Rep. Massie’s Press Release announced “the introduction of patent reform legislation designed to restore to Americans a patent system “as the Constitution of the United States originally envisioned it.”

“The RALIA legislation restores to Americans a patent system as the Constitution of the United States originally envisioned it,” said Congressman Massie. “In Article 1, Section 8 of the Constitution, the Founding Fathers gave Congress the authority to protect the discoveries of inventors. Specifically, they created a patent system to ‘promote the Progress of Science and useful Arts, by securing for limited times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.’ Regrettably, Congress’s 2011 enactment of the Leahy-Smith ‘America Invents Act’ has worked in concert with several Supreme Court decisions to erode this protection’s strength and value.”

“As the Constitution intends, RALIA restores patent protection to inventors by awarding patents on a ‘first to invent’ basis rather than the more recently adopted ‘first to file’ standard,” Congressman Massie continued. “A return to a ‘first to invent’ patent protection system ensures that inventors and the investors who back them can be confident that their innovative work and ideas will be safeguarded. Patents should protect those who innovate, not those who win the race to the patent office.”

U S Inventors supports Congressman Massie’s RALIA legislation, along with “organizations including the American Business Defense Council, American Conservative Union, Americans for Limited Government/Americans for Limited Government Foundation, Conservatives for Property Rights, Eagle Forum Education & Legal Defense Fund, Let Freedom Ring, 60 Plus, the Small Business Technology Council, U.S. Business & Industry Council, U.S. Inventor, and Vote America First.”

I join U S Inventors in urging inventors, entrepreneurs, and anyone concerned about rebuilding American manufacturing to call the Congressional switchboard number, 202-224-3121andask to be connected to their Representative and Senators. Then, tell the office staff that you want your Representative to support and co-sponsor the HR 5874, the “Restoring America’s Leadership in Innovation Act of 2021, because this bill is important for his or her constituents and for America. Tell the staff you are opposed to HR 5902, the “Clear Patents Act,” because it will harm inventors and American innovation by allowing China to continue flooding our market with pirated products. Tell the staff of your Senators that you are opposed to S. 2891,” The Restoring the America Invents Act.” 

Lastly, please sign the Inventor Rights Resolution — together we can help restore patent protection for inventors.

Tags:, ,
Posted in General | No Comments »

Adrian Pelkus – An Inventor Devoted to Helping Other Inventors

Tuesday, September 7th, 2021

When my first book, Can American Manufacturing Be Saved? Why We Should and How We can was published in May 2009, I introduced it as a speaker at the Del Mar Electronics & Design Show in San Diego, CA and  displayed it at my company’s booth. One of the persons who stopped by and bought my book was Adrian Pelkus, President of A Squared Technologies, Inc. and leader of a group called the San Diego Inventors Forum.  Adrian invited me to the next meeting of the group and I accepted his invitation. Since June 2009, I have regularly attended SDIF meetings and became a board member when it was formally incorporated in 2014.  Our meetings provide information that helps inventors take a product from design concept, fundraising, producing, and successfully marketing the product. I give an annual presentation titled “How to Select the Right Processes and Sources for Your Product” and we hold annual inventors contest with cash prizes. We haven’t held in-person meetings since the COVID pandemic shutdown started in March 2020, but will start meeting again this fall.

In 2018, Adrian and his wife Amy moved to Lexington, South Carolina so he could devote more time to inventing new products. I keep in touch with them and learned that Adrian couldn’t stay away from helping other inventors. Last August, in the middle of the COVID pandemic, he started the South Carolina Inventors Forum using Zoom.

I recently interviewed Adrian to learn more about SCIF.  Adrian said, “After moving here from San Diego and recovering, I decided to build a new inventor nonprofit organization like we had in San Diego. To build new bridges here, I wanted to know and meet “who is who” in town, so I attended a few business group networking events. I discovered 1 Million Cups, which was developed by the Ewing Marion Kauffman Foundation in 2012.  The name came from the notion that entrepreneurs discover solutions and engage with their communities over a million cups of coffee. 1 Million Cups is a free program designed to educate, engage and inspire entrepreneurs around the country. Through the power of volunteers, 1 Million Cups has grown to more than 160 communities.

He explained, “1 Million Cups works with entrepreneurs, empowering them with the tools and resources to break down barriers that stand in the way of starting and growing their businesses. Mr. Kauffman believed it was a fundamental right for anyone who had a big idea to be able to bring it to life—and we’re here to fulfill that mission.”

I told him I was familiar with the Kauffman Foundation and used their curriculum when I taught high school students how to start their own business as one of the teachers for the Millennium Entrepreneurs after school program in the early 2000s. I also met the people who headed up the 1 Million Cups program in Fargo, ND in 2017 when I was the guest of the North Dakota Economic Development Department to visit manufacturers to write articles.

I asked how he recruited support for SCIF.  Adrian responded. “My decades of trade show and networking meeting experience like at CONNECT taught me to spot the group leaders and that’s how I met Sergio Aparicio, who is Manager of the City of Columbia’s Economic Business Development office. Sergio is also an organizer for the Columbia 1 Million Cups group that was meeting weekly prior to the pandemic at the downtown Richland Library with a 150-seat amphitheater.

He added, “I also met Tom Ledbetter, who is the Associate Vice Provost with the Center for Entrepreneurship and Educational Support at Midlands Technical College. A third organizer I met is Dr. Thaddeus Jones, who is a videographer and producer. I spoke to all of them about the idea of a forming a nonprofit organization with the mission to assist inventors with protecting, developing and commercializing their intellectual property through motivation, education, mentoring, a network of local service providers, and national networking opportunities.

He explained, “The main differentiation from the other organizations in town for high tech and business startups was that SCIF is a grass roots way to build business, encourage entrepreneurship of the everyday citizen at the community level, and the fact that my “curriculum” had been vetted in San Diego over a long period of time. The three of them vetted me and came back eager to assist.

Then, the pandemic came and caused mass business closures everywhere including here in South Carolina. 1 Million Cups stopped meeting, but I decided to go forward and start the SCIF meetings on Zoom. Tom Ledbetter and Dr Jones joined the SCIF Board of Directors. Midlands Technical College helped host and Thaddeus created the videos this first year.”

Adrian said, “I am very grateful Sergio has convinced both the city to support SCIF with a grant and for 1Million Cups to assist our mission as well. 1 Million Cups has secured a new meeting place and in fact hosted our SCIF first Invention Contest in August. At that meeting, I announced that the City of Columbia became our first Gold Sponsor. This contribution is appreciated beyond its monetary amount in that it represents the great connection we have made and how the city supports our SCIF Vision statement:

SCIF will contribute to South Carolina becoming known as an Innovation Hub here in the southeast. Economic development in the South Carolina region depends heavily on entrepreneurship and entrepreneurship depends heavily on creativity and invention. By assisting inventors in leveraging their intellectual property and becoming more entrepreneurial, SCIF will play an important role in furthering South Carolina’s reputation as supporting startups, general creativity, launching quality businesses and creating good paying jobs. SCIF will become a recognized valued partner in South Carolina’s economic re-development.”

I asked about his other networking activities, and he said, “I have busy building connections with GoFundMe and SBA to provide avenues for funding inventors and creative folk from concept to commercialization.  I met Valerie Torstenson, Outreach and Marketing Specialist for the South Carolina District Office of the U.S. Small Business Administration. She helped SCIFsign a Strategic Alliance Memorandum (SAM) that connects us to the SBA for assistance in getting loans for startups. Valerie will participate in our group meetings and share news, instructions and opportunities from the SBA.”

He added, “During my 13 years running the SDIF, I met individually with over 1500 inventors at my office. The method I created to standardize the interview allowed me to determine in one hour if an idea is feasible, already patented or on the market, what progress had been made, whether the goal is to start a company or license, and how the goal may be accomplished. Along with 37 years running my own company, I benefitted from the experience of joining over 300 people in their quest to become successful entrepreneurs. I also pursued over a dozen of my own ventures, and learned that we all had something in common —the need for funds.

With that in mind, I recently spoke with GoFundMe co-founder Andy Ballester and their VIP team about creating a special campaign for finding funds for inventors to test their ideas prior to company launch. They agreed to do a pilot program to assist many struggling inventors and innovators get started. These funds will allow them to search for IP, file patents, and build prototypes to show for raising capital to launch or license. They are working on putting together a fundraiser creation and how to share guide that will help our members. Our alliance with GoFundMe will be awesome for American inventors and innovators just getting started.”

Adrian said, “SCIF also joined the United Inventors Association of America(UIA).  I’ve known Warren Tuttle as Director of the UIA for over a decade and served on the board of the UIA for two years with him. Warren is the author of “Inventor Confidential, the Honest Guide to Profitable Inventing” in which I’m honored to be mentioned. We have been working together to co-create an organization called the UIA-CIO consisting of 20 nonprofit inventor clubs to start that will now be linked coast to coast. We invited Valerie Torstenson to the UIA-CIO inaugural meeting in August to announce our new alliance and was delighted to hear her tell us that she had introduced SCIF to the rest of SBA that day via their internal newsletter.” 

I asked Adrian for his parting thoughts, and he said, “I’ve worked long to protect inventor rights and realize now that it will take a unity of never-before-seen segments of society to restore the patent system to where it was prior to the American Invents Act of 2011.  The pandemic has created a swelling of interest in working from home and starting a business for a living to become entrepreneurs. The “industry” of inventing has long been plagued with get rich schemes and people claiming to be gurus and masters of getting a product to market. People I’ve met spent their life savings and many years being misguided and taken advantage by these invention submission companies, phony marketers, and hype hustlers.  It must stop!  That’s why I am excited about the new collaborations we are establishing with the SBA and crowd funding giant GoFundMe.  They may make entrepreneurial pursuits by inventors and innovators a bit easier and more successful.”

I told Adrian that San Diego Inventors Forum is happy to join the UIA-CIO, and we will look forward to participating in the collaborations he has generated to help our local inventors. It will be very beneficial for the clubs in the AIA-CIO to share resources and presentations.  I told him that my updated presentation on “How to Select the Right Processes ad Sources for Your Product” has been recorded on Zoom and will be available for viewing for free on September 9th and thereafter at this link.

Tags:,
Posted in General | 2 Comments »

U S. Inventors Continue Fight to Restore Patent Rights

Tuesday, August 24th, 2021

September 16, 2021 marks the 10th anniversary of the America Invents Act (AIA) at the Decade of Stolen Dreams Inventor Rally organized by US Inventor, Inc., a non-profit association of inventors devoted to protecting the intellectual property of individuals and small companies. It represents its 13,000 inventor and small business members by promoting strong intellectual property rights and a predictable U.S. patent system through education, advocacy and reform.

There are six locations across the U.S. where inventors plan to make their voices heard about the consequences of the AIA and the Patent Trial and Appeal Board (PTAB) — Alexandria, VA • Burlington, VT • Dallas, TX • Denver, CO • Detroit, MI • San Jose, CA. Join US. Inventor Inc. on September 16th at a rally near you, and unite against the injustice of the America Invents Act and the PTAB.

The USI website states: “today, inventors are discouraged from pursuing research, development, and commercialization of inventions due to the implementation of the Patent Trial and Appeal Board (PTAB) under the America Invents Act of 2011 (AIA). Rather than helping small businesses as intended, the PTAB is often weaponized by large corporations to block competition from those who created superior technology. PTAB uncertainty, risk, and expense has become an overwhelming burden for entrepreneurs, stifling our ability to innovate and compete.

Having invalidated 84% of the 3,000 patents they have reviewed and destroyed the hopes and dreams of hundreds of inventors – the PTAB is still going strong. Even Chinese companies like Huawei, ZTE, HTC, and TikTok are regularly utilizing the PTAB to invalidate patents of U.S. inventors.”

For those new to the issue of inventors having lost the ability to stop large corporations from just taking valuable, patented technologies, here’s a quick rundown:

1. Patent Trial and Appeal Board (PTAB): The America Invents Act of 2011 (AIA) created an easier way to invalidate (revoke) an issued patent. The PTAB is an administrative court with no jury and much less due process than a real court. Rather than a lifetime-appointed judge, a PTAB trial typically has three attorneys who are called Administrative Patent Judges (APJs).

2. Injunctive Relief (the ability to stop an infringer after you have won your case): The U.S. Supreme Court decided that it was in the “public interest” for a proven infringer to continue infringing because it could serve the market better than a startup (Ebay, 2006). As a result, even if you win your case, you will have to pass a “public interest” test before an injunction can be issued to stop the infringer.

3. Abstract Idea: The U.S. Supreme Court’s Alice decision (2014), put into law that an “abstract idea” cannot be patented, but did not define this term. The result is that a sharp attorney can often convince a judge, who may have little tech experience, that a patent should have not been issued.

Article I, § 8, Clause 8 of the Constitution grants Congress the enumerated power “To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries.” In my opinion, this makes the invalidating of patents by the PTAB unconstitutional.

A U.S. Patent is supposed to provide the inventor with the exclusive right to his or her invention. Inventors should be able to legally stop any infringer, no matter how large or powerful. They should be able to create a disruptive startup or license their invention at a market rate. This is what provided the incentive to invent that enabled America to lead the world in innovation for over 200 years. This is the right that US Inventor Inc. is fighting to restore.

Josh Malone, Policy Director for US Inventor, Inc. told me that in the 116th Congress (2019-2020) 35 representatives sponsored a bill to end the PTAB – H.R.4792 – Cyber Shield Act of 2019, but it was referred to the Subcommittee on Consumer Protection and Commerce and never got out of committee.

Also, on December 18, 2019, “H.R. 5478 – Inventor Rights Act was introduced by introduced by Representatives Danny K. Davis (D-IL) and Paul A. Gosar, D.D.S. (R-AZ), and on January 28, 2020, it was referred to the Subcommittee on Courts, Intellectual Property, and the Internet. This Act that would “restore patent protection for inventors and mitigate a generation of laws, regulations, and court decisions discouraging innovation by failing to secure to inventors the exclusive rights to their discoveries.”

The text of the Act stated “Recent changes to patent laws and procedures and Supreme Court decisions have adversely affected inventors such that the promise of Article 1, section 8 of the Constitution of ‘securing for limited times to inventors the exclusive right to their discoveries’ is no longer attainable.”

The Act stated that “Inventors are denied the fundamental right to ‘exclude others’ by the Supreme Court’s 2006 decision in eBay Inc. v. MercExchange, LLC.” Thus, inventors have lost their injunctive rights granted by the Constitution.  It also states that “Inventors were stripped of the right to file suit in their own judicial district by the Supreme Court’s 2017 decision in TC Heartland LLC v. Kraft Foods Group Brands LLC.”

Unfortunately, H.R. 5478 also never got out of committee to be voted on by the House. US Inventors is working to have the Inventor Rights Act reintroduced in Congress this year.

On February 8, 2021, US Inventor, Inc. filed suit against the US Patent Office (USPTO) “to stop patent validity challenges at the Patent Trial and Appeal Board (PTAB) until the required, official rulemaking regarding the procedure has been done. The America Invents Act of 2011 (AIA) created an administrative court, the PTAB, for patent validity challenges. Prior to this, an inventor would defend his or her patent in a real court with a jury, lifetime-appointed judge, and a lot of due process. The PTAB has no jury, much less due process, and a panel of attorneys called Administrative Patent Judges (APJs) who have invalidated (revoked) 84% of the patents that have gone through the process. The AIA said that the USPTO Director “shall” involve stakeholders in notice and comment rulemaking that takes into account things like the economic impact of the law and its effect on the reputation of the Patent Office. After ten years, this rulemaking has still not been done, and US Inventor believes this is unlawful as well as unfair and very bad for American inventors and the future of American innovation. A number of inventors were present at the hearing in Marshall, TX on July 1st, 2021.”

US Inventor President, Randy Landreneau stated, “”Our patent system is supposed to enable patent-based startups to compete with entrenched interests. It did this pretty well for 200 years, and America’s leadership in worldwide innovation is the proof. But in recent years, our lawmakers and officials have listened to Big Tech rather than inventors and patent-based startups. The result is the loss of the ability to stop a large corporation from taking a significant, patented invention, which is why American innovation is declining, Big Tech faces little competition and China threatens to take the lead in future technologies. The purpose of this lawsuit was to make our voices heard through the rulemaking process that has been avoided for ten years. The judge decided that we don’t have standing and dismissed our suit. We are appealing, but regardless of the outcome of this suit, US Inventor will continue to fight on many fronts to restore the rights of inventors in America.”

For further information on the patent crisis, you may watch the trailer for the documentary Invalidated: The Shredding of the U.S. Patent System  The full version is available on Amazon and iTunes.

You can help the efforts of US Inventors by signing the Inventor Rights Resolution “to restore patent protection for inventors and mitigate a generation of laws, regulations, and court decisions that have discouraged innovation by failing to secure to inventors the exclusive right to their discoveries.”  Click here to sign.

Tags:, ,
Posted in General | 2 Comments »

Has the America Invents Act been Beneficial or Harmful?

Monday, February 23rd, 2015

In September 2011, Congress passed and the president signed the Leahy-Smith America Invents Act (AIA) that changed the U.S. patent system to the party “first to file” instead of the “first to invent to bring the U.S. in line with other countries who adopted first to file patent systems years ago, supposedly to simplify the patent process for companies that file applications in multiple countries. Its central provisions went into effect on September 16, 2012 and on March 16, 2013. Let’s examine whether or not the America Invents Act has been beneficial or harmful to innovation by America’s inventors and small businesses.

At the time, supporters said it would improve patent quality by creating a new process for reviewing patents after they have been issued and allow third parties to provide information on other parties’ applications. Rep. Lamar Smith, who chaired the House Judiciary Committee (R-TX) said, “This bill is designed to help all inventors. The current system “seriously disadvantages small inventors and companies” because it can lead to years of costly legal challenges to their patents.” Another supporter, Rep. Mike Michaud (D-ME), said, “We need to make it easier for companies to innovate and make things here at home, and this bill does that.”

Opponents argued that there was no reason to change the U.S. system, and inventors and small businesses complained that switching to a “first to file” system would give large companies an advantage and hurt individual inventors.

Rep. Sensenbrenner (R-WI) and Rep. John Conyers opposed converting the U. S. patent system to a “first to file” system, but their amendments to strike this language were rejected. Rep. John Conyers (D-MI) said the legislation would “benefit large multinationals at the expense of independent inventors and small businesses” and would “harm jobs, harm innovation and harm our nation.”

Rep. Don Manzullo (R-IL) voted against the bill and stated, “This bill would weaken our strong patent system that has protected American entrepreneurs for centuries from overseas companies trying to pirate their inventions.” Manzullo said. “Any patent reform we undertake should focus on reducing the backlog in patent applications, not dramatically altering the system and giving multinational corporations advantages over American innovators. The last thing we should be doing right now is giving foreign companies an even greater opportunity to take our ideas and our jobs.”

What has happened in the last two and a half years since the American Invents Act went into effect?

Paul Morinville of www.USInventor.org, wrote, “An inventor is the odds on favorite to lose in today’s patent system. Since the America Invents Act created post grant opposition procedures (PGO), inventors have lost the large majority of patent cases. PGO’s invalidate patents at rates above 75%. Article III courts find patents invalid under the indefinable ‘abstract idea’ at similar rates. Today, inventors are losing more cases than at any time in the 224-year history of the U.S. patent system.”

He added, “An infringement suit can cost millions of dollars for each side. Prior to the AIA, even small inventions could be enforced. With the huge increase in inventor losses due to the AIA and the indefinable “abstract idea,” only inventions with exceptionally large damages can be enforced. It’s simple math, damages must exceed the cost of the case plus the cost of risk.”

Patent Agent David B. Waller, J.D. M.S., Patent Success Strategies, LLC, commented, “Recent changes in the United States Patent Laws under the America Invents Act have had beneficial effects for some and significant disadvantages for others. In particular, changing from a first-to-invent to a first-to-file system, while conforming U.S. patent law to a worldwide standard with respect to ownership, has significantly impacted the exclusive rights granted to inventors through the U.S. Constitution and simultaneously impacted collaboration among research groups. The new Post Grant Opposition (PGO) procedures now provide an avenue to invalidate issued patents with resulting costs significantly lower for the challenger than the patent holder. This presents a distinct advantage for those with substantial resources to challenge patents that may directly compete with their technology.

To compound an already problematic system, the Innovation Act that passed the House last year proposed provisions that while seemingly helpful to independent inventors, would have been detrimental. The provision that provided a losing party pay for an infringement suit created a substantial advantage for a party having the greater financial resources. This bill never passed the Senate, and in view of other potentially detrimental provisions of the AIA, it will be important to make changes in this law to readjust and balance the benefit for all inventors.”

Patent Agent George Levy explained some of the harmful effects of the America Invents Act: “The new law presents a terrible dilemma for the small inventor. He can’t talk about his invention until the invention is filed (any competitor could simply publish the inventor’s idea under the competitor’s name, thereby locking the inventor out, or even worse, file a patent in their own name, with or without improvements) – The so called grace period is worthless. He can’t file until he is funded, and he can’t be funded because potential investors are scared of post grant reviews invalidating the granted patent. He does not have the funding to protect himself from a post grant review.

The whole “troll” idea is a red herring. In fact the biggest trolls or non-practicing entities are the large corporations whose legal department make a point of erecting a picket fence around competitors. Note: “A well-known tactic to devalue a competitor’s patent is to create a “picket fence” around it. Using this tactic, a competitor attempts to surround the pioneering patent with many patents covering incremental innovations, thereby hindering freedom to operate or freedom to advance the technology along logical trajectories.”

Mr. Levy added, “A single patent is granted to an inventor who cannot practice it because of lack of funding, and large corporations won’t license the patent from him. However, if the patent interferes with the business of a corporation, the inventor is called a troll and his patent is subjected to post grant review…A large number of patents, called “picket-fence,” are granted to a large corporation and grouped around a competitor’s technology. The patents are specially designed to interfere with the competitor’s business. Such strategies are commonly used by corporate legal teams.”

At our San Diego Inventors Forum on February 12th, President Adrian Pelkus, said, “We are a nation of creators and builders living at a time when science and technology is exponentially enriching our quality of life. Disturbing the evolution of ideas disrupts our development as a society, and changes to our patent laws are doing just that. American inventors create new products and jobs. The more we enable inventors, the more our country prospers and the better our lives become. We can expect only the opposite if we if we stifle inventors by allowing laws to be passed by corporations pressuring our representatives to protect only their interests.”

Thus, my answer is that the American Invents Act has been harmful to American innovation, and the consequences demonstrate that once again our elected representatives in Congress sold out to the interests of multinational corporations at the expense of inventors and small businesses.

Tags:, , , ,
Posted in Innovation | No Comments »

Innovative Products Featured at Annual San Diego Inventors Forum Contest

Wednesday, June 19th, 2013

On June 13, 2013, over 100 people gathered at the conference center of AMN Healthcare for the annual inventors contest of the San Diego Inventors Forum demonstrating that innovation is alive and well in the U. S. Ten contestants were selected out of 28 applicants to present their latest inventions for the audience to pick the top three inventions. The products ranged from those that make cooking in the kitchen easy to items to make smart phones more functional and easy-to-use products that provide portable solar power and feed the world. Applicants were limited to those that had attended the Inventors Forum three or more times in the past year and had an invention that was either already patented or was “patent pending” in addition to having a  working model or being ready for sale to the marketplace.
Adrian Pelkus won the first place prize of $1,000 for his patented O2MislyTM CWT, Chronic Wound Treatment System, which uses Vaporous Hyperoxia Therapy, oxygen infused with a vapor to deliver an anti-microbial to the affected area. Diabetic foot ulcers, bedsores, and other wounds that have not healed in as long as several years are being healed in weeks. In clinical trials, nearly every patient showed 50% wound reduction in two weeks. Treatment is now available on a private pay basis in San Diego, but will be expanded nationwide in the future. For further information, email Adrian at apelkus@iyiatechnologies.com.

Phyllis Davis won the second place prize of $500 for the patent pending Portable Farms™ Aquaponics Systems’ Modular Aquaponics Systems. Aquaponics University (AU) was created to teach individuals the skills, procedures and techniques for used for growing chemical-free food and fish in a system with minimal use of power, water and labor. Aquaponics University (AU) offers the Portable Farms™ Aquaponics System Course© that teaches individuals how to grow chemical-free food and fish in a closed-loop system. After completing the course, participants will receive one Portable Farms Kit to be able to build their own Portable Farms™ Aquaponics System that feeds up to eight people forever. For further information, contact Phyllis at pdavis@aquaponicsuniversity.com.

Jon Doogan won the $250 third place prize for the Aculief Wearable Acupressure that was launched at the Natural Products Expo West in March 2013. Aculief is a patented wearable acupressure device for active lifestyles, designed for anyone suffering from tension, health imbalance or discomfort. Aculief applies pressure to the LI4 acupressure point, located between the thumb and forefinger. The LI4 has been used for thousands of years in traditional Chinese medicine to relieve tension and to promote your body’s natural flow of energy. Aculief is currently available through their online store, www.amazon.com, www.Pharmaca.com or in Pharmaca’s 24 retail locations throughout the US.

Other presenters (in no particular order) were:
William Benn for his patented SunLight Harvester ? a mobile, renewable energy solar electric generator and power storage system. It is designed for southwest Sunbelt residents living in the reduced living space of townhomes and condominiums with patios, duplexes, with small backyards, and homes without a south facing roof that want an affordable, clean, and environmentally friendly renewable energy source of electricity. For further information, contact Ben at wmpb72y@gmail.com.

Randall J. Kendis for his patent pending iPhone Hat Cradle ?  a removable cradle to hold an iPhone or other Smartphone on a hat with a brim to provide a platform for hands-free, real-time video transmission and recording without hindering free movement and mobility. The cradle can be quickly switched from one hat to another. For further information, contact Randall at rkendis@gmail.com.

Sia Malek for his patent pending Window Blind Remote Control ? a simple battery-operated device that will turn your current horizontal or vertical window blinds into a remote controlled system. It takes only a couple of minutes to install and can be maintained and relocated easily. For further information, contact Sia at siamalek@hotmail.com.

Judith Balian for her patented system to promote positive thinking. The system acts as a gentle personal trainer to help people become aware of their thoughts and to use the law of attraction to their advantage. While many people know about the power of using affirmations and intentions, few are able to control their wandering minds to harness the greatest potential of this natural law. This system helps users develop the habit of positive thinking to create what they want in live. For further information, contact Judith at jbalian@excoveries.com.

George Octavio Flint for his patent pending Uni-Mattress ? three air mattresses in one ? twin, full, and queen so you can fit the right sized mattress into your available space. For further information, contact George at goflint@gmail.com.

Joshua D. Mackenroth for his Gravity±Seat ? is a revolutionary new bicycle suspension seat post that provides greater control and better handling for a faster, smoother ride.  The radical design is far superior to any of the off-road suspension seat posts in the market today. It is also the first suspension seat post in the world intended for the road bike market as well. Gravity±Seat is true crossover technology that lowers the center of gravity for road bikes and increases the amount of usable suspension travel for off-road bikes. The patented reverse angle design allows the seat to travel downward to lower the center of gravity while the damping shock absorbs sharp impacts. This gives riders the ability to drop down and back toward the rear of the bicycle through rough sections and steep down hills rather than being thrown over the handlebars. The end result is better handling, better traction, faster cornering, and a smoother ride. For further information, contact Joshua at sdlawyerhelp@gmail.com.
Gene McGuinness for his Wave – Fat-Free Cooking aids designed to form and cook taco shells, tortilla chips and bowls without any fat, oil, or grease in your own microwave. For further information, contact Gene at president1956@gmail.com.

If you are ready to turn that idea into a product, let us help you get started at the San Diego Inventors Forum. You will get motivated by hearing successful local San Diego inventors speak how they developed their marketable products. You will be able to network with fellow creative people and get guidance and encouragement to take your first or next steps necessary to turn your ideas into a reality. You will have the opportunity to meet “mentor” inventors and professionals in many fields. First-time attendees are invited to introduce themselves and briefly describe their idea/invention. At the end of the meeting, the “who needs who” period  provides the opportunity to express a need for help with such issues business structure, licensing, marketing, funding, legal and engineering questions.

We members of the SDIF steering committee invite all innovators, inventors, engineers, artists and start-up entrepreneurs to attend our monthly meetings, held the second Thursday of the month from 6:30pm to 7pm for networking and 7pm to 8:30pm for the meeting at the conference center of AMN Healthcare in San Diego.

Now that the annual contest is over, the 2013-2014 topics schedule begins again in August. August’s topic will be “Innovation and Entrepreneurship” – harnessing your creative mind, and September will continue with “IP 101” – when, why and how to search for patents, trademarks and copyrights. During the course of the year, topics covered include marketing, licensing, branding, networking, and funding. I will be giving my annual presentation in the fall on “Manufacturing 101” – how to select the right manufacturing processes and sources to make your product. For further information, the San Diego Inventors Forum can be reached at http://www.sdinventors.org or by calling Forum president Adrian Pelkus at 760-591-9608.

 

Tags:, ,
Posted in Innovation | No Comments »