The first thing you need to know about the U.S. patent system is that it has a backlog of more than 700,000 patents.
The second thing you need to know is that the U.S. Patent and Trademark Office has been so neglected for so many years–essentially robbed of funds by Congress, which reappropriated portions of the agency’s budget for other purposes–that the organization tasked with protecting America’s technological and scientific assets labors with too few staff and a “20-year old technology infrastructure that does not even remotely enable it to take advantage of modern information technology.”
And the most important thing you need to know about the U.S. patent system is that the America Invents Act just passed by Congress doesn’t fix any of this. Nor does it touch the larger issue of whether or not it’s wise to allow inventors to patent business processes and software and then sue the hell out of each other in a cage match that is essentially a tax on innovation.
The major opportunity in this act, aside from the elimination of software patents, was to free the USPTO from the congressional appropriations process, whereby Congress exercises control over the agency’s budget. The USPTO doesn’t use taxpayer money–it’s funded by application fees–and yet it still has to ask Congress for permission to access those funds, giving that body an opportunity to reappropriate them for any other purpose.
Giving the USPTO self-determination over its own budget would have at least allowed it to tackle that 700,000+ backlog of patents. That provision of the bill, which originally appeared in the Senate version, was blocked by House Budget Committee Chairman Rep. Paul Ryan (R-WI) and Appropriations Committee Chairman Hal Rogers (R-KY), who appear to have been confused about the source of the USPTO’s funds. (i.e., not taxpayer dollars.)
Surely no one expected Congressional Republicans to take the time to find out what it was they were saying “NO” to?
#29 – TWO YEARS ?!? Holy crap. I’d have tried a new mouse long before then.
President–yes. I have a mouse phobia. They keep going out on me. Irritating. Doesn’t stop me from thinking about Jeri Ryan as my personal mouse pad though. Copy, Paste.
Bunga, Bunga. I hope she found happiness. Don’t really follow the celebrities.
She’s on a new show with Dana Delaney. I’d like to be sandwich filling. Mmm.
Looking at the other side: There’re two kinds of Democrat:
1. Taxes: Raise Taxes on Everyone But Me and Gimme, Gimme, Gimme.
2. Non-Freedon: You’re too stupid to know how to live so we need to force you to live the way we want you to.
The two groups overlap by approximately 86.5843%
“Surely no one expected Congressional Republicans to take the time to find out what it was they were saying “NO” to?”
Hey, moron. Name a single Democrat who read the 2000 pages of Obamacare.
“We have to pass it to find out what is in it”
Stretch Pelosi
Dummy.
#34 – I love it when you exxagerate beacuse you can’t justify our argument. I’ve never heard anyone anywhere suggest reducing taxes to zero.
Hell, I’d even go along with the liberal argument about “fair” taxes. A lot of people don’t even pay federal income tax. That’s certainly not fair. Here’s a “new” tax I’d support: federal income tax is set at 10% across the board. No exemption for anything. Rich, poor, doesn’t matter, everyone pays 10%. That’s “fair”. If I were drunk, I might even be persuaded to call that “patriotic”.
#46–PA==YOU LIE!!!!!!! I know because your lips are moving. Now, lets slow up and read what you actually passed. Afterall, I ain’t no Congress Creep.
God–I can’t tell you what a pleasure it is to have my mouse working again. Optical Logitech only two years old—really didn’t work right out of the box which is what fooled me. Slowly got worse over time. Its all smooth–I don’t see anyway to access it, but pulling on the button covers and blowing seems to work. I’d like to take it apart and polish a contact or whatever it would take.
So–you accept that the Pukes are anti-science, anti-public health, anti-universal health care, but want to argue that they have not proposed zero taxes huh?
What do you call repeal of the Inheritance Tax?
What do you call reducing the capital gains tax to zero?
What do you call Tax Holidays?
What do you call Repatriation of Funds kept offshore after certain tax credits are applied?
And in your magnanimity, you ever double down on the poor should pay income tax huh? BWHAHAHAHAHAHA. That is sooooooo retarded. Yes, that is certainly fair. Fair that the law should allow rich and poor alike to sleep under bridges and beg for food and seek charity for healthcare. Everyone treated just the same you know: because that is fair.
silly stupid bitches.
Funny.
Basic simple rules work better then ANYTHING.
As of 1970, the RULES changed. to make things so complicated it was STUPID.
The basic rule for music and video, was 20 years. this KEPT a person working to make MORE and BETTER products.
NOW its LIFE…make 1 REAL innovative product, and you can control it until you DIE, then your family can keep it going.
There is no PUSH to improve a product. NOT to the one that created it.
BUT, CORPS dont like that. They dont like an INDIVIDUAL having a copyright. they WANT IT, so they TRY to buy it or have THEIR OWN make it(the individual dont get the money)..
IF they CANT HAVE IT, they WONT USE IT. And if the Copyright is UNTIL DEATH, it will never get into the popular USE…
tHEN COME THE THOUGHT, that we have SMART people looking at this stuff, REMEMBERING what has already been done..
It’s now first to file and the fees are higher. It does a little bit to curb patent trolls and post-patent procedures are a little more onerous. Expect fewer small guys to file but there will be fewer foreign challenges.
It doesn’t address the problems of vague and overlapping patents which have been reinforced by the US patent courts. The US congress needs to instruct the courts to move towards stricter guidelines. It all adds up to less innovation.
As for Paul Ryan not being aware of the funding and control models for USPTO and the section 22 changes shows how poorly his staff managed his information and where the Republican priorities actually lie. Patent reform is critical for business’ to move to market. The backlog is ridiculous.
I was actually quite informed about patents some years ago which is why this subject leaves me a bit cold.
Summarized: Patent registration means almost nothing, just a prelude and a bit of evidence to be used during patent litigation but not controlling at all.
And perhaps thats just the way it should be too showing that the “real” problem is in our court system and how it processes patent lawsuits.
What is “new and unique” or whatever the standard is to make something patentable and not already in the public domain?
Looking at “Habit Trails” for Gerbil Cages is instructive. One person files the first patent using those plastic tubes. Mfg files Patent No 2 and it is New and Unique because instead of snapping the parts together, you use a screw motion. Then No 3 uses a connecting band. No 4 uses a bayonet design. No 5 uses a friction fit……No 20 uses a latch…..and on and on.
Mattel used to sue for any doll made of plastic that was less than 18 inches tall. ((I exaggerate—they allowed the 7 of 9 doll on the market without objection)).
The only protection is the willingness to spend money on lawyers and that usually means capturing market share by being first on the scene.
Money. Not law.
Same as it always was.
It’s the Bobbo show, on the air again.
Faxon, when I see a bobbo comment, I sort of mentally use this voice.
Faxon–what is it about me that gets your motor running?
foobar–that link takes me to an ad for Kindle. They probably have a text to speech function? I prefer to read–its faster, but to each his own. What voice did you select for me? I hesitate to ask you for any details as not wanting to get you into trouble with Faxon and Crew.
You know how the girls are. Very sociable creatures sharing their likes and dislikes between rounds of dirt pies with one another. I can’t wait for them to grow out of it.
Yea, verily, with a dash of rebuke.
34 #4 Sure it was the Repubs that loaned half a billion to an energy company that just went bankrupt against the advice of many… No wait that was Obama! According to the official records Repubs gave that a pass because the company looked shaky.
Both Parties make a mess of most things they touch. Anyone who bothers to check knows this and the ones that don’t grasp that simple observation come across like the brain washed members of a cult.
#44–deowll==are you implying you don’t vote Republican pretty much straight ticket?
Tell us truly?
How perfectly odd. The link is wav sound but then the site forwards to Amazon.
Sorry about that.
foobar==life can be like that. We do our best to provide education and amusement for our dearest friends, and for some reason beyond our purest intent, it just doesn’t work out.
Then we get berated, criticized, belittled, and ostracized.
Some days, it makes me feel like the Milk of Human Kindness has dried up at the teat. But there is always cheese.
Patents seem to be a joke and are only used for gaining some sort of monopoly on a certain product or to make money off a ideal which was then implemented into a useful product by another. The whole process seems a bit broken. Not sure blaming the Republicans is appropriate ?
Government in general to me seems broken. Democrat’s are in Government too. Although they are in charge now and seem rather unable to do much better.
OK, nevermind the two party system wrangling here. Waste of time. Here’s the truth.
Government does not fix anything. Government is there to ‘manage problems’. And overall I think the government does a good job, overall, of managing problems. Except of late, however. It seems intent on introducing new problems to manage.
Look at it from this perspective and take off the red or blue glasses and I think you’ll get a better picture of our problems. And how relatively easy they are to fix.
#37 – You perfectlay nailed the goal of wealth redistribution and progressive taxation: “allow rich and poor alike to sleep under bridges and beg for food and seek charity for healthcare. Everyone treated just the same you know: because that is fair.” I applaud you.
Say you got off a cruise ship that was sinking. You have 5 lifeboats and 3 are leaky. The liberal solution is to shoot holes in the two good ones to make it fair.
#49 – you’re close, although I would say that once in a while the government does a good job, not overall.
Or, do not patent anything but keep it a secret for as long as possible, register a trademark, register your design under the creative commons and use every marketing opportunity to link your idea to your trademark.
#51–sarg==thats what Coca Cola does. But reverse engineering is pretty sophisticated these days. Sugar and Water?==who knew?
6PM and repeat PST on Book TV tonight is the history of how Good Humor patented the Popsicle. Should illustrate many of the points raised above.
Pres Amobo may like the show on Millard Fillmore. The presenter is a dynamic speaker making the subject interesting. Seems Fillmore was against everything America stands for today. I’m sure he would be driving a Hummer today.
Also to counter balance the bitter pill of those who confuse the abuse of slavery with the “freedom” to own slaves, Michael Moore reviews his latest book. Should be good.
The US Patent office has long since given up its charter. Employees there are rated simply on the speed and quantity of patent processing. The attitude there has long been “Patent anything and let the courts sort it out.”
# 6 aslightlycrankygeek:
“[…] This has nothing to do with anyone who “appear to have been confused about the source of the USPTO’s funds”. They are simply expressing that it is a bad idea to allow a government entity to collect any amount of fees they want to be spend however they want, without any oversight. […]”
In other words, “someone has a pot of money we can’t get our fingers into, and we don’t like that!”
The longer I live, the more I agree with a line attributed to Mark Twain: “No Man’s life liberty or property is safe while the legislature is in session.”
Listening to Congress. Or bobbo. Whichever comes first.
#53 Paul Ron – amazingly succinct description.
#52 – Do you need a mirror to walk forward? Driving a Hummer is the perfect manifestation of everything good America *does* stand for.
#40 – bobbo, I like your style, but basically your,and everyone else’s response is typically ignorant. As someone who has worked in the system for over 30 years, I DO know. The amount of money involved in procuring a patent is tiny compared to the value of a good patent, so people who complain about spending a nickel to make a hundred dollars, fuck you. The govt. examiners, who can make pretty darn good money, are worked so hard that the new hires are leaving at better than 35-50% a year. The job has just turned into such a grind that people are leaving in droves, the idea of being involved in the cutting edge of tech is a joke, and the govt is sucking every dime it can out of the USPTO, and leaving little behind. And the public side, where I work, is just as bad, used to be a good job, now it’s a grind for clients that increasingly want to pay little or nothing for the effort/your ip. The idea behind patents is still valid, but like everything else, the corps and their vacuous stooge, the USPTO, is being hollowed out in the name of money and monopolies…
#57–Mr Patent==excellent. Real Time current expertise is always of value. What percentage of patents are “good patents?” Do good patents prevent infringement and the cost of defdending them at all?
My own personal involvment was in just as I posted. Looking at a new consumer product much like the Habit Trail that I had quite a bit of patent research done on. I was going to link to the OSPO patent depository for the “first one” that was issued, then the second patent that was the same thing with a slight change in order to claim it was unique and different and not obvious technology. Total BS. So much so, I recognized the only way to make money on my project was to capture the market. Otherwise, any big player could take my idea and swamp me.
Patents.
Should allow for protection to encourage innovation, but not so restrictive to prevent other further advances. How is this not talking out of both sides of one’s mouth?
Should one be able to patent a drop down menue, or a clickable link? Why not?
Very little if anything is truly new and unique. How strongly would you disagree that patents are “mostly” built on a lie?
Would the money wasted on patent securing, defense and litigation be better spent on simply competing in the market place?
Yes, Pro’s and Con’s to all we do so who currently is “actually” protect most of the time? I think its large corps who don’t need the protection to begin with, and then patent trolls who should be outlawed anyway. How about only first person patents? No transfers?
Interferes with freedom of contract? Why, yes it does. Isn’t that the whole point of a patent?
pros and cons. Stay thirsty.
#24
I read/heard something last week that if 20 years ago we had adopted European type social medicine and moderated our foreign wars that we would have no deficit today. Looney?
Looney yes or at least very kumbayah. So “someone” claimed that if the “only” thing we did different starting in 1991 was to social medicine and moderate our foreign wars we would not have a deficit? So, the billions lost on and just after 9/11 or the housing crisis wouldn’t have changed any of that? Socialized medicine apparently would have been a profit center. They are playing revisionist history. Even Clinton did not eliminate the deficit and that was without involvement in a foreign war (Somalia really doesn’t count). What about the Europeans? They are running record deficits themselves in part due to health care costs. The claim also begs the question of “which” European style social medicine because there are some wide variances. The French system is vastly different than the British system. The whole idea sounds like a hippie sound bite.
#58
Very little if anything is truly new and unique. How strongly would you disagree that patents are “mostly” built on a lie
Innovation is taking existing ideas and combining them in an unique way. By your logic, nothing is new since atoms have been around for billions of years. The patent office rides a fine line to determine whether the idea is truly unique combination of existing ideas or just a rehash of existing ideas. I don’t envy the work of the patent office and think it is a good idea to fund the department from application fees. Frankly, it shouldn’t be too cheap (in time and cost) to get a patent or people will apply for gazillions of obvious rejections and flood the patent office as they do now.
Thomas–new and unique, yes, but I don’t think that is all that is required. I think “not obvious” is another requirement.
If you are the first one to patent connecting two plastic tubes to make a longer length in operation but can be shorter in order to be packaged and shipped, is the very same product connected by a friction fit all that new and unique and not obvious?
Pro’s and Con’s. Lets not ignore one or the other?