Posts Tagged: "abraham lincoln"

The Categorical Imperative for Innovation and Patenting

In his Categorical Imperative, Kant simplifies a moral argument position for an individual by asking a question: if you thought that your position or Statement would be Universal, i.e., applicable to all people, it would have the stance of a Categorical Imperative and thus you must do it. A proposed Categorical Imperative is the following Statement: creators should be protected against the unlawful taking of their creation by others… Allowing the free taking of ideas, content and valuable data, i.e., the fruits of individual intellectual endeavor, would disrupt capitalism in a radical way. The resulting more secretive approach in support of the above free-riding Statement would be akin to a Communist environment where the State owned everything and the citizen owned nothing, i.e., the people “consented” to this.

Happy Birthday Patent System: Hope Springs Eternal

In 1790, the U.S. patent laws were first enacted and individuals could obtain a patent under the new federal government. For about a century beforehand, British citizens in the various parts of the American colonies could obtain patents for that region, and Britain and other European countries had patent laws as well. But the new American patent system was different: it was democratized in that anyone could participate, without the need for consent from the Crown. The origins of patent laws date back to the Fifteenth Century when Florentine regents sought to attract and keep innovators and their inventions. Elizabeth I was a keen ruler in passing various patent laws to encourage foreigners with ideas and inventions to relocate to Britain, as well as encourage domestic innovation.

America innovates most when government stands behind a stable property rights regime

America innovates most when property rights are stable and government gets out of the way so risk takers can dream the impossible and then go accomplish those dreams… The patent system all three branches of our government has created over the last 12 years has increasingly incentivized the stealing of patent rights rather than engaging in an arm length negotiation with innovators who possess patent rights that are supposed to be statutorily presumed valid. This is antithetical to basic, fundamental principles embedded throughout American law, and basic economic principles. Laws are supposed to be certain, stable and understandable. When that occurs externalities and transaction costs are low, which allows for the bargaining of rights to ensue.

Ted Cruz has much in common with Abraham Lincoln, thanks to patents

For Cruz his depth of sincere appreciation and awareness of the role patents and private property rights comes from his meager roots, from his work as an attorney in private practice for commercial clients, and working for the people of Texas as their Solicitor General and on cases involving eminent domain and intellectual property. If the 2016 Presidential race were simply a one issue contest Cruz would certainly enjoy a substantial advantage. But since the 2016 race is defined by personality then it is worth noting how much Cruz has in common with Abraham Lincoln, thanks to patents. Among other things, just as Ted Cruz used patent litigation to fund his Senate campaign, Lincoln funded his Congressional and Presidential campaigns on patent lawsuits.

Music lover, history buff, Mr. Fix-it – Getting to Know Bruce Kisliuk

QUINN: ”I always refer to myself as a geek or a nerd. Do you wear that too as a badge of honor?” KISLIUK: ”Oh, absolutely. When my neighbors needed something fixed — it’s a little geeky but — I would grab my bucket of tools and walk up the street. I was proud they would ask me — even more so if I could actually fix it! So I think only a geek would be proud to spend their Saturday helping their neighbor fix something.”

Lincoln loved our patent system, Let’s not tear it down

Abraham Lincoln once called the patent system one of the three greatest advances in human history, along with the discovery of America and the printing press… The result is a patent system in crisis, which threatens our economic future. Small businesses received 30 percent of U.S. patents in 2000. Last year the number plummeted to 19.5 percent. Small companies undertake the risk and expense of developing breakthrough technologies that made us the most prosperous nation in history. When they lose confidence in the patent system the country will suffer.

Patent Erosion 2013: What Would the Founding Fathers Think?

As the end of 2013 approaches and I look back on what has transpired I am saddened to see that through the year patent rights have continued to erode. Make no mistake about it, at every turn patent rights are eroding. You might think that there has been some collective, open-air discussion about whether this is a good idea. Nope! It seems government you get is the government you can afford, and those who have the ear of decision-makers on Capitol Hill are the extraordinarily well funding big tech companies that want to weaken patent rights or do away with them altogether. Indeed, there has been scant consideration paid to the effect of weakening patent rights. The erosion of patent rights is exceptionally alarming given the fact that the Founding Fathers thought it was self evident that a strong patent system was essential for America. The Founders believed the importance of patent rights to be so self evident that little debate was had on the topic. How the pendulum has swung!

Celebrating Presidents Who Advocated for the U.S. Patent System

President George Washington and President Abraham Lincoln both played an important role in the development of the U.S. patent system. Given that today we celebrate these Presidents, what better way for us to honor Presidents Washington and Lincoln than by reviewing their role in the U.S. patent system and their various interactions with the U.S. Patent Office. While it will be a hard pill to swallow for those who seek to dismantle the patent system, both Presidents Washington and Lincoln were strong proponents of a properly functioning patent system.

Gary Michelson’s Letter to Congress Supporting Patent Reform

What follows is a letter to Congress from Gary K. Michelson, MD, published here with permission…. First to invent versus first to file is the proverbial tempest in a teacup (smaller than a teapot). All sound and fury signifying nothing. The low cost and ease of filing a provisional patent application (a placeholder for the first to invent) should render any discussion of fairness moot. I believe that first to file is both fair and beneficial to all inventors; and is an important change to correctly position the U.S.P.T.O. as the leader in what will become a worldwide patent system.

Statement of Senator Birch Bayh on the 30th Anniversary of the Bayh-Dole Act

Bayh-Dole was created because of a glaring problem– billions of hard earned tax dollars invested annually in government R&D were being squandered by ineffective government patent policies. If this research cannot be taken out of the labs and turned into products, the public is being short changed. Even so, it was a long, tough road to travel, and we only succeeded by the smallest of margins. Turning around long standing government policies, no matter how ineffective, is never easy.

San Francisco Chronicle Thinks Gravity is an Idea

There are a lot of crazies coming out of the woodwork with respect to the ACLU’s efforts to have the patent laws of the United States declared unconstitutional.  Perhaps you have heard, the ALCU is standing up for breast cancer patients because Myriad Genetics has patented genes.  How awful really.  Not that Myriad has patented genes, because that is factually…