Ever since we stopped the recent legislation that would have been fatal to inventors’ rights, I’ve been hinting that we would be going on the offensive. You see, while the recent legislation would have been fatal, there have already been changes in the last decade that have us in critical condition. If you haven’t had to use the law to stop someone from stealing your intellectual property, you may not realize this.
For instance, in the past, if you took an infringer to court and won, you could stop the thief from continuing to produce your invention, which is called getting an injunction. Now, it is very hard, and often impossible to get an injunction, because a judge ruled that the “public good” is served by the thief of your invention continuing to produce it! Hard to believe, but true. So, now you are forced into a licensing agreement by a judge, whether or not you want to and at a rate that you cannot negotiate. And this is after you likely spent everything you had to win the case. Does this sound fair? Why would a company license your invention if they can steal it, and even if you beat them in court, they can keep producing it? Outrageous, right?
There’s a lot more, like the Patent Trial and Appeals Board (PTAB), created by the America Invents Act, which passed in 2011. This is the administrative court that is used by infringers to invalidate patents they are infringing, and they are doing it to about 95% of the patents that get to the PTAB. This is what former Chief Justice Randall Rader called “death panels for patent rights.” We are going to fight to stop this injustice as well.
The first step is a petition that every single inventor, innovator, and person who cares about America needs to sign (see here). You probably remember Paul Morinville – he’s the inventor that I went to Washington DC with so many times in 2014 and 2015. Paul formed USInventor.org, a non-profit, and I am a Managing Board Member. USInventor.org has been fighting for us and we have big things planned for the upcoming months.
Please sign the petition (see here) and forward this to everybody you know who cares about invention, innovation, and the future of this great nation.
If we pull together like before, we can take back what the Founders of this great nation intended. This will be huge! The first step is the petition. Please sign it and forward it. Thank you.