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Patent Law

The first federal patent statute of the United States was the Patent Act of 1790 and was titled “An Act to promote the Progress of Useful Arts. Samuel Hopkins of Pittsford, Vermont snagged the first patent July 31, 1790.  Source: USPTO.gov and  Wikipedia

United States Patent and Trademark Office/Founded January 2, 1975, Washington, D.C, its purpose is to promote the progress of science and useful arts and its mission is to promote industrial and technological progress and strengthen the national economy. Source: USPTO.gov and  Wikipedia

If anyone has ever contacted the USPTO (1 800) 786-9199) and inquired about trademarks or patents, you know first hand how respectfully you were treated. The wonderful folks at the USPTO demonstrate a high degree of graciousness,  professionalism and patients. They are always eager to assist and provide a clear explanation on the patent and trademark process.

Major Law Change

On September 16, 2011 it became law that The U.S. Department of Commerce's United States Patent and Trademark Office (USPTO) must amend the United States patent system from a "First to Invent" to a “First Inventor to File” system and altered the scope of available prior art to apply against a claimed invention in determining the novelty and obviousness of the claimed invention.

 

President Barack Obama signs the America Invents Act September 16, 2011, at Thomas Jefferson High School for Science and Technology in Alexandria, VA

 

Titled the Leahy-Smith America Invents Act, The First To file HR. 1249 (House) S-23 (Senate), The first-inventor-to-file provision of the America Invents Act, claim its one of its hallmarks that brings greater transparency, objectivity, predictability, and simplicity in patentability determinations," said Under Secretary of Commerce for Intellectual Property and USPTO Director David Kappos. "At the same time, the provision brings the United States closer in harmonizing our patent law with those in other countries around the globe." Source: congress.gov, https://www.congress.gov/bill/112th-congress/house-bill/1249


If you do not file for a trademark or patent (and be granted it rights), as an inventor who has expressed their creativity and developed a new idea, will not get credit for its creation.

How does this not suppress creativity and innovation?

I wonder if our forefather’s are turning over in their graves…

 

See How Your Representative Voted...

House
http://clerk.house.gov/evs/2011/roll491.xml

Senate
https://www.senate.gov/legislative/LIS/roll_call_lists/roll_call_vote_cfm.cfm?congress=112&session=1&vote=00129

 

Should, The United States of America, one of the best countries in the world, that has had the greatest successes in science and art development and achievements for over 200 years, “bring the United States Patent and Trademark Office (USPTO) in line with other nations?” 

I have contacted each of my government representatives asking for education and explanation as to why they voted in the manner they did.  Senator Boxer (D-CA), voted Nay, Senator Feinstein (D-CA), voted Yea and Congressmen Issa, voted Yea,

Only Senator Dianne Feinstein was gracious enough to reply to my inquiry and she said, “Although I supported Public Law 112-29, I had concerns regarding its first-to-file provision because I believed this transition could harm innovation and be especially burdensome on small inventors and businesses.  I introduced an amendment to Public Law 112-29 that would strike the first-to-file provision from the law”. 

Unfortunately, her amendment did not receive the votes necessary to pass.  

See complete Senator Dianne Feinstein letter

 

I ask and urge all of you who would like the ability of creativity and inspiration to continue to flourish without having to file to receive credit, to look into this measure (law) and derive your own education opinion.

Contact your congressmen and representatives and ask them to explain why they voted in the manner they did.  Ask, how and why this measure is to make the sciences and arts flourish better in our country.

And if you would, please ask your Congressmen and Representatives what other countries around the globe are we “harmonizing” our patent law with and why is it so important to do so?   I would love to hear their answers as my congressmen would not tell me. (I suspect that they did not even know why)


Search:
H.R. 1249
Leahy-Smith America Invents Act
America Invents Act
https://www.congress.gov/bill/112th-congress/house-bill/1249

 

All Senators and House Representatives have their own government designed websites with the ability to “contact” them by filling out a quick and easy form.

House of Representative
http://www.house.gov/representatives/find/

Senator
https://www.senate.gov/general/contact_information/senators_cfm.cfm
http://www.house.gov/representatives/

 

What To Do – CHANGE BACK!

If afterwards, you feel that the law should return to the “first to invent” then please contact your Senators and Congressmen and tell them that you would like the law reversed to the “First to Invent”, the manner in which our forefathers created and technology, science and the arts flourished since our country began.

We have the right to do this!  And it will not cost you any money.

Tell Others. Tell Everyone!

In my opinion, based on history of product development over the last 200 plus years, this law needs to be reversed to the “First to Invent”, not only for our sake but for the future of everyone and this country.  

In the world of social media, I ask that you tell others and tell everyone using every available social method you use. Let’s get our voices heard. It will be from your inquiries and demands that a wrong (law) be reversed and corrected.

President of the United States
Be sure to express your voice with the President.
https://www.whitehouse.gov

And if you live in Texas, District 21, please contact Representative Lamar Smith (R) and ask him why he initiated this bill. Ask him to re-coinsider and introduce an amendment to change the law back to "First to Invent".  https://www.congress.gov/member/lamar-smith/S000583

Always, Inspire and Create.

Sincerely,

Tom Rauscher

 

 

 

Last Updated
05/18/2017

 

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