Leahy-Smith America Invents Act Implementation

Leahy-Smith America Invents Act Implementation

www.uspto.gov

The Leahy-Smith America Invents Act (AIA), H.R. 1249, was passed by the U.S. House of Representatives on June 23, 2011, and by the U.S. Senate on September 8, 2011. The bill now goes to President Obama to be signed into law.

If enacted, the AIA proposes significant and far-reaching changes to U.S. patent law. As a result, the USPTO will need to undertake a series of rulemakings to implement the Act.

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We have been had again.

Ever dream of filing a patent on a nifty idea, or innovation?

Well, if you thought you understood the world of patent law... be advised; our seriously corporate-bent legislators have flushed 200 years of patent law down the toilet.

We have joined the global community.... it's no longer "first to invent" it is NOW "First to file"

Once upon a time we stood alone as defending the principle that the person who comes up with the actual idea first and can prove it, has the right to the invention patent..... No longer.... .now corporations with batteries of patent lawyers (the highest paid kind of law one can practice) will be busily amassing patents that 'little' people didn't have the capital to actualize.... but were unwitting enough to have approached them with the idea... the corporation files ... and it's THEIRS.

But don't worry... our legislators have thrown us a bone... we can still USE the patent we created... (if we can get the money) ... but it is nevertheless THEIRS.

Nearly ALL of our Senators acquiesced to this radical change in our system (approved 89-9).... I wonder if anyone will care to bring this up in the election cycle... or is this another one of those corporate government machinations that we aren't supposed to be bright enough to understand?

And who can afford to expedite a patent? Not me, probably not you... But I don't doubt that Dupont, 3M, Monsanto, etc are well ahead of the game... since this legislation is their windfall.

And this (brace yourself) is supposed to make America better able to "innovate." I'm fairly certain they forgot to clarify the idea ... it makes CORPORATE citizens better able to sequester innovations.... and the rest of you... get back to work!

(Pardon the hyperbole... I'm a little ticked!)

www.uspto.gov
(visit the link for the full news article)

now i'm just thinking what happens to the telephone thought to be invented by Alexander Graham Bell.
Arthur Reis was first ...europe somewhere.

lets see what happens

we've just invented 'fairness'

This is a good sign folks. It's only a matter of time before the normal people will wake up to this mess and say "ENOUGH!" and actually do something different for once.

I just wish they were more authoritarian and would steal even more. The faster this train gets to it's station the better.

Anyways, now maybe someone somewhere will realize the ultimate futility of "patent laws" and "intellectual property".

These are Corporate laws, laws invented by corporations to profit themselves at the expense of everyone else. We thought we owned it but nope we don't own anything. We just licence the right to use that property under certain conditions. You think you own that DVD or music CD? NOPE. You don't Try selling copies of it and see how far you get. You only LICENCE it!

Property Rights? Right, we are Property...

Corporations and Governments are merely umbrellas that are used to cover up or justify highly questionable actions. And it mostly benefits the very few who hold all of the money and thus, the power.

reply to post by muzzleflash


The sheep will be sheep and will defend the guards leading them to the gas chambers...

Bahh Ramm Eweeeee....
Bahh Ramm Eweeeee....

OP I join your

(SIGHS)

More un-needed Rules and regulations, what more can the Gov control for F sake?!?!?!!

The US Gov was NEVER supposed to have the power they do now, its disgusting!

I have to say.. this is kind of heartbreaking.


The concept that your unique ideas had value, even if you could not muster up the capital to exploit it, was protected. Now it's a matter of the American legal monopoly (the Patent BAR), or perhaps better characterized as a guild, has the final control on how such things of value as "ideas" can flow and be controlled.

We have jumped the rail as far as I'm concerned. When our social engineers conceived of moving America from an agricultural/industrial base to one of information, I was among those who naively thought the transition represented an opportunity for any Americans to finally have their wealth expanded by virtue of what they can contribute to society.

The US Constitution renders it simple and direct:

ARTICLE ONE - SECTION 8

LEGISLATIVE POWERS

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;

The political employees of our government have either disregarded or basely violated a specific provision of the first article of the scope of their power - without so much as an attempt to legally amend the document as they would demand if we tried to challenge this in the Supreme Court.

They are VIOLATING THE CONSTITUTION... This is a prima fascia challenge to the law of the land, the written constitution, and it appears the political employees decided that their corporate sponsors' desire to exploit and ravage the "average person's" property is what matters to them.

I don't expect much public outcry - I know how distracted we can be - but I did NOT expect NO PUBLIC OUTCRY... which almost belies reason, considering the breach that our President has signed into law. I would have thought that a Harvard Adjunct Professor of Constitution Law, such as President Obama would have been the "first citizen" to stand up and say to the congressional and senatorial thespians "Are you out of your MINDS? - Did you actually READ THIS?... or the Constitution for that matter? Did the lobbyists get you DRUNK?!"

I am hoping someone will be kind enough to fill in some gaps for us... as I will try as well.... where do any of our illustrious political celebrities stand on this absolute money grab this will engender? ... further moving wealth away from non-corporate to corporate citizens.....

I am not kidding about how important a challenge to this "already imposed law" is - the ACLU must be asleep.

In the final analysis we have already lost... in fact, I will go so far as to say this betrayal is on the magnitude of the involuntary subjugation of our nation to a private banking cartel's monetary policy. This is the beginning of an enormous transfer of wealth, if we are to believe information has value.

You know... I think I need to withdraw for a while... .because this another one of those "What the hell has happened to my country?" moments... and I am hardly able to shy away from hyperbole at all....

But - true to verbosity - I will close with one more thing;

How much of this kind of maneuvering has to happen before someone clearly explains the coddling of corporate globalism within our so-called "two party" political system? I think America's distinction as 'separate' from the rest of the world insofar as the citizen's rights to their own inventions and ideas was a good thing.... and I find it nearly impossible to imagine a justification that could persuade me otherwise.

I'll be back.

Nothing to me. If I have to , will be scanning any and all patents for ideas to build and do grass roots exchanges with people since to me, patents, copyright, banks, forced employment are all Slavery and Crimes Against Humanity and not only do I endorse them, but I would never obey a crime. But thats just me.

reply to post by Maxmars


Constitution will not exist within 5-10 years. With every President making there "Executive orders" and making there "CHANGE" This next president is going to make or break us! So choose wisely people. Even though I think there is a hidden power behind the president.

At the end of the day, I feel were on a set path. The USA will NEVER EVER be the same again and its only going to change for the worse.

God bless us all!

Good post!

reply to post by SickeningTruths


Thank you. I will continue to contribute to this one to serve as a sort of catharsis... I am really angry about this... .and frankly... a little disheartened that the "patriots" who want our votes didn't even put up a fuss.... all the while the "press" (emphasize the quotes there) applauds the event as if it was benign..... Kind of how the "Patriot Act" is appealing to them because it has the word "Patriot" in it

reply to post by Unity_99


I understand you point of view; and let my silence on it serve as all the affirmation you need.

Unfortunately the knife of reason cuts both ways.... unless you don't care about anyone but those in your immediate vicinity. There is no meaningful flaw in your logic, if I understand it...,

"Be prepared" is never bad advice. And the application and enforcement of an unacceptably biased law is rather difficult to enforce without creating whole gaggles of new criminals, as the attempted control of the Internet must have demonstrated to them by now.

I, however, will not allow myself to detach from the hope of securing a status quo for my posterity that does not include such a radical paradigm shift as the abandonment of 200-years of American patent law; and an alteration of American Jurisprudence towards enhanced rights and powers for corporate citizens. (Unnecessary rules indeed SickeningTruths )

Originally posted by Unity_99
Nothing to me. If I have to , will be scanning any and all patents for ideas to build and do grass roots exchanges with people since to me, patents, copyright, banks, forced employment are all Slavery and Crimes Against Humanity and not only do I endorse them, but I would never obey a crime. But thats just me.

And that's why you rock, Unity_99.
Well I am sure there are many more cool things about you , but this one has gotta be near the top.

:: In agreement with your statements I shall begin a nice little rant ::

Patents and Copyrights allow for monopolization and less diversity or competition. This translates into lower quality products at higher price margins for the consumers.

Banks then have to give out loans to the impoverished peoples, thus trapping them in debt with high interest rates %. This creates perpetual poverty.

And to top it off, you have to work the rest of your life to pay it all back. Yes, that means no retirement options, sorry.

It's like a black hole of suckiness, every step of the way things compound and get exponentially worse.

You go broke so fast after a paycheck because we are buying way overpriced low quality merchandise/services, then we get even further down the hole by taking loans to survive, then we have to pay back way more than that, so it becomes even harder and harder to afford those overpriced low quality products.

That's the life we all wanted when we were kids isn't it? Work every day until you die, just to end up broke? Yeah, that's what we were all hoping for isn't it?

Who files for patents, these days?

Last I heard, the U.S. patent office was a Chinese data mining operation.

... Forgive my facetious nature.

For some reason, I thought it was always a case of being the first to file a patent. Perhaps this is merely my misunderstanding of the process due to popular culture references.

Either way, I would expect there to be some method of legal recourse allowed in the bill. Patent lawyers kind of wrote themselves into a corner with this one, it would seem, unless there is still plenty of potential for disputes over patent rights (read: need for companies to keep them on the payroll).

The way it is being described makes it sound a bit short-sighted in terms of patent lawyers supporting such things.

Excuse me hasn't it always been first to file instead of first to invent? Like the famous story of the Bell and the telephone. How he paid off the clerk at the office to get his on top or something?

reply to post by PsykoOps


In June 2011, the Supreme Court ruled on a case (Stanford v. Roche) in which the Justices determined that the standing 200-years of patent law was not invalidated by recent legislative efforts to override the standing American paradigm....

ALL EMPHASIS MY OWN

Since 1790, the patent law has operated on the premise that rights in an invention belong to the inventor. The question here is whether the University and Small Business Patent Procedures Act of 1980—commonly referred to as the Bayh-Dole Act—displaces that norm and automatically vests title to federally funded inventions in federal contractors. We hold that it does not.

Those were the Supreme Court Chief Justice's words mere months ago....

It was NEVER first to file in the US.... it was ALWAYS first to invent.

By the way... read this:

There’s a well known tale that Bell beat another inventor, Elisha Gray, to the patent office by a few hours. While true, it’s not the whole story. Bell filed a patent application, a claim that “I have invented.“ Gray, on the other hand, filed a [patent] caveat, a document used at the time to claim “I am working on inventing.“ Priority in American patent law follows date of invention, not date of filing. Still, filing first helped Bell avoid a possible costly and time-consuming dispute. The U.S. Patent Office issued patent #174,465 to Bell on March 7, 1876.

www.corp.att.com...

At any rate... the Constitution is unequivocal.... read that .....

Our corporate political owners are trying to hide this dirty deed under the 9/11 commemoration and the election cycle.... it is a true conspiracy....

We need to find a store that sells bullropes in bulk. Lots of treasonous little men are begging to have their necks fitted for nooses.

I don't think that DC has enough lamposts though

reply to post by Maxmars


Thanks for the heads-up Max. F&S and I wish this goes to the very top.
The PTB have finally removed any and all incentive for creativity.
I had for some time corresponded with a corp.about their shepherding
a nifty household product ... now that intellectual property reverts to
the highest bidder, why bother? It'll be on the TV soon, and a brand new
product by Conglomo.
Going to go sharpen my axe now, and find that lunch -- before I go in to
work (on a Saturday at about 60): nothing else to see or attempt here.
That is, if I'm not cut down like a squirrel for killing the Prince's squirrels.
Communism at the bottom, fascism at the top.. run by lawless thugs.
Perfect.

Just another boot of tyranny pressed against our throats. Constitution? What Constitution?

Oh, you mean that "Goddamn piece of paper", that thing, right? The one that nearly every lawmaker ignores as it only impedes their ability to control us and is not needed in this New World Order? Eh, who needs it anymore. We have our best and brightest out there on Capitol Hill, making sure we are safe from unnamed and imaginary boogeymen. This is surely a move in all of our best interests, as the government truly knows what's best for us, right?

So who needs that pesky Constitution? I don't, but I want to become a automaton, subservient to only the state and nothing but the state. I want to have no thoughts of my own, I'd like the government to provide those for me, they are also too pesky.

I'm a prole and proud of it!

Frak all this, when's the next boat off this damned planet and away from all these tyrannical "people"? The "funny" thing about all this crap a going on is it's people against people. How sad is that? We are doing this to ourselves. We truly are a sad species.

I'm going to put some more work in this... but I will give you fair warning ... there are more outrageous manifestations of this seemingly innocuous administrative matter..... there is proof that there ARE super citizens in this country... those who are specifically 'above the law'..... stay tuned....

reply to post by Maxmars


Oh, Max. This breaks My heart. My family still can't see how We are being taken over in a boil-the-frog sort of way. I think it is so blatant. How can They not see? Here is just another piece of Their puzzle put in place.