Who Runs Things Makes A Difference

I came across this article the other day, and it again illustrates the point I made a few days ago about how important it is to elect good leaders for both the visible and invisible reasons.

Phyllis Schlafly writes at Townhall.com about the Patent Reform Act. In her words, "it is a direct attack on the unique and successful patent system created by the U.S. Constitution."

Here's the short version. Before 1999, the U.S. Patent Office kept the contents of patent applications secret until the patent was actually approved. This allowed the applicant to go back multiple times, correcting problems and making the final product better until the patent was awarded. During the process, the applicant's legal rights are protected by that secrecy.

In 1999, a 'reform' authorized the Patent Office to follow a model like Japan and Europe, where patent applications are published after 18 months regardless of whether or not the patent was awarded. There was an exemption process that would prevent certain applications from being published, but that was not the default process. The Patent Reform Act of 2007 would remove the exemption process and require all patents to be published.

Why is this a big deal? The Patent Office posts these applications online. So, anyone with an Internet connection can surf through the applications, allowing someone with deep pockets an incredible advantage in bringing new products to the market. For example, Schlafly points out that this practice has become China's research and development program, and has already worked very well for them. It would also benefit huge corporations and drastically hurt the small-entity inventor with small resources. There is also a provision that would make it much easier to challenge patents during the entire life of the patent.

So, let's break it down. The problem? This would allow anyone around the world access to the best and brightest of America's inventors, and with sufficient resources, they could literally steal the best upcoming technology, not only from the small-time inventors but also from the U.S. in general. This new bill is an attack on the rights of individuals to own and protect their own intellectual property, as well as keeping the technology lead we have in the world today.

Call your reps and tell them this bill would be harmful to Americans, and that the Patent Office needs to go back to the pre-1999 process of only publishing patents after they are granted.

There's my two cents.