Author:
smoskowitz
Level:
Interns
Points:
105
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Reject this Special Interest Hand-out and Keep America Competitive!
originally hand-delivered
October 22, 2007
The Honorable First Name Last Name
United States Senate
Washington, DC ZIP 4
Dear Senator Last Name:
Atlas Has Left … Opposition to The Patent Reform Act of 2007
Without equal, America’s patent system is as uniquely American as humankind’s greatest invention, our beloved Democracy. But, come November 1st, the United States Patent & Trademark Office will limit inventors to five (5) inventions. Without an iota of evidence, proponents of these changes, embodied by The Patent Reform Act of 2007 (S. 1145), will irreparably damage the value of our collective intellectual property. American strength will suffer. Surely authors should not be limited to five (5) books, nor Senators to five (5) votes. Indeed, what five (5) inventions would Edison have been entitled? At no time has it been as exasperating for this proud American inventor to see the Congress retroactively weaken foundational rights succinctly articulated in The Constitution, Article 1 – The Legislative Branch, Section 8 – Powers of Congress: “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.” No words are minced, nor is there evidence of spin.
With all due respect, I urge you, the Senate, the “living symbol of our union of states”, not to strengthen the hand of Infringers! It is unconscionable that we have arrived at such a juncture in stark contrast with our Nation’s proud heritage as the leader in the marketplace of ideas. Of my twenty-seven (27) patents (22 issued, 4 allowed and 1 European patent), several embody fundamental techniques for copyright protection. Unselfishly, these inventions should not be accorded any value less than the copyrights being protected. Frankly, a patent for the next encryption algorithm is more invaluable to these United States than a copyright on the movie telling the story of that algorithm. I agree with Mr. Chris Israel, the U.S. Coordinator for International Intellectual Property Enforcement, when he recently stated: “Cases such as this remind us strong enforcement is a significant part of the effort to eliminate piracy, and that we have an effective legal system in the U.S. that enables rights holders to protect their intellectual property. … Piracy impacts many of our most innovative industries, costs American jobs and is a huge threat to our economic competitiveness”. Indeed, the highly unpredictable outcomes of costly patent litigation is emblematic of a last ditch effort to enforce the Individual rights of Entrepreneurs of thought.
Society is clearly enriched by the free flow of ideas competing for the attentions of the day. This Great Nation should encourage vigorous, transparent debate on the economic value attributed to any resulting intellectual property. In fact, even before The Constitution was ratified, twelve States had already determined the rights of inventors to be inviolate. One State preamble read, in part:
As the principal Encouragement such Persons can have to make great and beneficial Exertions of this Nature must exist in the legal Security of the Fruits of their Study and Industry to themselves; and as such Security is one of the natural Rights of all Men, there being no Property more peculiarly a Man's own than that which is produced by the Labour of his mind.
Reasonably stated, if we knew what would succeed in the marketplace we could simply assign prices to patents, akin to old Soviet fixed-pricing policy. Invisible Hand not needed. Competition not required. To essentially eliminate the strongest incentive to those who invent today what is bought and sold tomorrow is simply un-American. The Patent Reform Act of 2007 (S. 1145) and the new Federal Rules offer no benefit to Society. The very passion of American inventors cannot be harmonized and should never be taken for granted. Please protect our living treasures and reject this inherently flawed bill.
Yours Faithfully,
/Scott Moskowitz/
Scott Moskowitz
Founder & CEO
Blue Spike, Inc.
P.S. A Majority of Americans Oppose the Patent Reform Act! Proponents of the Bill Refuse Open & Transparent Debate on this Seminal Move to Undermine American Invention!
The Patent Reform Act of 2007: Responding to Legitimate Needs or Special Interests? The "Patent Fairness" Issue An Analysis by Pat Choate, Ph.D.
http://www.tplgroup.net/legislation/pdf/Analysis103007.pdf
Video on Patent Reform Act of 2007 – No American Inventor favors Patent Reform!
http://www.youtube.com/watch?v=-lewaN3t29U
Patent Reform Act Includes the Sen. Sessions Amendment to Hand Out $1.4 Bil of Taxpayer Money (projected as high as $20 Bil) to Infringing Banks
http://www.capwiz.com/congressorg/sbx/f/?aid=11118516&r=1
USPTO RULES SHOT DOWN - PATENT REFORM ACT
Haste Makes Waste - Reject Patent Reform Act!!!
http://capwiz.com/congressorg/sbx/f/?aid=11232966&r=1
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