{"id":948,"date":"2020-02-11T17:55:57","date_gmt":"2020-02-12T01:55:57","guid":{"rendered":"http:\/\/savingusmanufacturing.com\/blog\/?p=948"},"modified":"2020-02-11T17:55:57","modified_gmt":"2020-02-12T01:55:57","slug":"h-r-5478-would-protect-inventors-rights","status":"publish","type":"post","link":"https:\/\/savingusmanufacturing.com\/blog\/innovation\/h-r-5478-would-protect-inventors-rights\/","title":{"rendered":"H.R. 5478 would Protect Inventors Rights"},"content":{"rendered":"\n

On\nDecember 18, 2019, H.R. 5478<\/a> was\nintroduced by introduced by Representatives Danny K. Davis (D-IL) and Paul A.\nGosar, D.D.S. (R-AZ), and on January 28, 2020, it was referred to the\nSubcommittee on Courts, Intellectual Property, and the Internet. This Act that\nwould restore patent protection for inventors and mitigate a generation of\nlaws, regulations, and court decisions discouraging innovation by failing to\nsecure to inventors the exclusive rights to their discoveries.<\/p>\n\n\n\n

It\nis crucial that this Act be passed this year because our patent system is in\ncrisis. The text of the Act states \u201cRecent changes to patent laws and procedures\nand Supreme Court decisions have adversely affected inventors such that the\npromise of Article 1, section 8 of the Constitution of \u2018securing for limited\ntimes to inventors the exclusive right to their discoveries\u2019 is no longer\nattainable.\u201d  The biggest change to the\nU. S. patent system was made by the America Inventors Act of 2011,  <\/p>\n\n\n\n

The\nAct states that \u201cInventors are denied the fundamental right to \u2018exclude others\u2019\nby the Supreme Court\u2019s 2006 decision in eBay Inc. v. MercExchange, LLC<\/a>.\u201d\nThus, inventors have lost their injunctive rights granted by the Constitution.  It also states that \u201cInventors were stripped\nof the right to file suit in their own judicial district by the Supreme Court\u2019s\n2017 decision in TC Heartland LLC v. Kraft Foods Group Brands LLC.<\/a>\u201d<\/p>\n\n\n\n

Imagine\nif you invested in a house, moved in, started to enjoy it, and then had\nsquatters arrive, whom you can\u2019t legally kick out. Yes, you could charge them\nrent, but if you can\u2019t kick them out, they have no incentive to pay! <\/em>They\nwould just keep squatting and living in your house for free. That\u2019s what has\nhappened to our patent system. <\/p>\n\n\n\n

The\nability to stop others from infringing on inventor\u2019s patent rights was what\nhelped big tech companies years ago. Amazon never would have existed without\nJeff Bezos\u2019 patent for “the one click purchase” that he licensed to\nApple to use for their app store.  Amazon\nand Microsoft ere helped to grow by their patent licensing revenue.<\/p>\n\n\n\n

Now,\nlarge companies are stealing patents and inventors can\u2019t stop them from using\nthe technology. These large corporations are choosing to spend years in court\nin a process called \u201cefficient infringement,\u201d by paying legal fees to harm new\ninnovation by inventors instead of paying fair licensing royalties to grow\nthe new innovation. The inventors have to incur extensive legal fees to\nprotect their patents, which often bankrupts them if they can even afford to\ninitiate a lawsuit.<\/p>\n\n\n\n

\u00a0 While American innovation is faltering to grow here, China has out legislated America, (learning from our mistakes by mandatory licensing and punitive damages on intentional infringement to quickly grow innovation. Their strong patent legislation is growing their economy exponentially. They now have a billion dollar start up every three days in crucial fields like AI, 5G, and other new technologies, while in America we have none.

Instead, we only have large USA corporations stealing innovation from small companies, then bankrupting them in Patent Trial and Review Board (PTAB) trials by judges appointed by the USPTO at a rate of around 86%. <\/p>\n\n\n\n

For further information on the patent crisis, you may watch the trailer for the documentary Invalidated: The Shredding of the U.S. Patent System\u00a0<\/a> The full version is available on Amazon<\/a> and iTunes<\/a>. <\/p>\n\n\n\n

Attempts to undo the damage of the America Invents Act of 2011 and Supreme Court decisions isn\u2019t new.\u00a0 There were three bills related to patents\/inventor rights were introduced in the 115th<\/sup> Congress (2017-2018), but they never got out of committee for a vote on the House floor:<\/p>\n\n\n\n

H.R.6557, Inventor Protection Act<\/strong><\/a> <\/strong>\u2013 \u201cTo amend title 35, United\nStates Code, to restore patent rights to inventors, and for other purposes.\u201d It\nwas designed to restore patent protection for inventors by reversing a\ngeneration of laws and regulations.  (Sponsored\nby Rep. Dana Rohrbacher, R-CA)<\/em><\/p>\n\n\n\n

S.1390, Stronger Patents Act of\n2017<\/strong><\/a> \u2013 <\/strong>A bill to strengthen the position\nof the United States as the world’s leading innovator by amending title 35,\nUnited States Code, to protect the property rights of the inventors that grow\nthe country’s economy. (Sponsored by Sen Chris Coons (D-DE<\/em>)<\/p>\n\n\n\n

H.R.6264 – Restoring America’s Leadership in Innovation Act of 2018<\/a> \u2013 A bill \u201cto promote the leadership of the United States in\nglobal innovation by establishing a robust patent system that restores and\nprotects the right of inventors to own and enforce private property rights in\ninventions and discoveries, and for other purposes.\u201d (Sponsored by Rep.\nThomas Massie (R-KY<\/em>)<\/p>\n\n\n\n

H.R\n5478 is a simple bill that would protect inventor\u2019s rights. The\nmain provisions of H.R. 5478 are:<\/p>\n\n\n\n

\u201cSEC.\n3. Inventor protections.<\/strong><\/p>\n\n\n\n

(a)\nInventor-Owned patent. \u2014Section 100 of title 35, United States Code, is amended\nby adding at the end the following:<\/p>\n\n\n\n

(k)\nThe term \u2018inventor-owned patent\u2019 means a patent with respect to which the\ninventor of the invention claimed by the patent or an entity controlled by that\ninventor\u2014 <\/p>\n\n\n\n

(1) is the patentee; and<\/p>\n\n\n\n

(2) holds all \u2018substantial rights.\u2019<\/p>\n\n\n\n

(b)\nInventor-Owned patent protections.\u2014Chapter 32<\/a>\nof title 35, United States Code, is amended by adding at the end the following\nnew section:<\/p>\n\n\n\n

\u00a7 330. Inventor protections <\/p>\n\n\n\n

(a)\nProtection from post issuance proceedings in the united states patent and\ntrademark office. \u2014The United States Patent and Trademark Office shall not\nundertake a proceeding to reexamine, review, or otherwise make a determination\nabout the validity of an inventor-owned patent without the consent of the\npatentee.<\/p>\n\n\n\n

(b)\nChoice of venue. \u2014Any civil action for infringement of an inventor-owned patent\nor any action for a declaratory judgment that an inventor-owned patent is\ninvalid or not infringed may be brought in a judicial district\u2014”<\/p>\n\n\n\n

As\nthe findings cited in the Act state, \u201cInventors have contributed significantly\nto innovation in the United States and their continued dedication to inventing\nand sharing solutions to modern technical challenges is essential for the\nUnited States to maintain leadership in the global economy.\u201d It is crucial for\ninventors to be able to have some assurance that the rights to their patents\nwill be reviewed in a consistent manner, so that they will be able to secure\ninvestors and get their product into the marketplace.<\/p>\n\n\n\n

Josh\nMalone, volunteer advocate and inventor of top selling Bunch O Balloons emailed\nme, “Our patent system was intended to incentivize individual inventors\nbut has recently been captured by trillion-dollar corporations. Small\nbusinesses have virtually no chance when it costs tens of millions of\ndollars and takes a decade or more to bring an invention thief to justice.\nInventors need to make their voices heard by contacting their Senators and\nRepresentatives to tell them to repair our innovation system by passing\nthe Inventor Rights Act.”<\/p>\n\n\n\n

In\norder to ensure that H.R. 5478 gets out of committee review and is voted upon\nby Congress, more co-sponsors are needed. Please urge your Congressional\nRepresentative to co-sponsor H.R. 5478, which would restore patent protection\nfor inventors and mitigate the laws, regulations, and court decisions that have\ndiscouraged innovation by failing to secure to inventors the exclusive rights\nto their discoveries.<\/p>\n","protected":false},"excerpt":{"rendered":"

On December 18, 2019, H.R. 5478 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, […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[193,63,216,152],"tags":[],"class_list":["post-948","post","type-post","status-publish","format-standard","hentry","category-inellectual-property","category-innovation","category-legislation","category-patent-reform"],"_links":{"self":[{"href":"https:\/\/savingusmanufacturing.com\/blog\/wp-json\/wp\/v2\/posts\/948","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/savingusmanufacturing.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/savingusmanufacturing.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/savingusmanufacturing.com\/blog\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/savingusmanufacturing.com\/blog\/wp-json\/wp\/v2\/comments?post=948"}],"version-history":[{"count":1,"href":"https:\/\/savingusmanufacturing.com\/blog\/wp-json\/wp\/v2\/posts\/948\/revisions"}],"predecessor-version":[{"id":949,"href":"https:\/\/savingusmanufacturing.com\/blog\/wp-json\/wp\/v2\/posts\/948\/revisions\/949"}],"wp:attachment":[{"href":"https:\/\/savingusmanufacturing.com\/blog\/wp-json\/wp\/v2\/media?parent=948"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/savingusmanufacturing.com\/blog\/wp-json\/wp\/v2\/categories?post=948"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/savingusmanufacturing.com\/blog\/wp-json\/wp\/v2\/tags?post=948"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}