Posts Tagged: "president lincoln"

Those that do the complaining erroneously state that they speak on behalf of the entire industry. But I know they don’t speak for IBM, or Qualcomm or Tessera or the many other innovative companies that exist in the high-tech sector. They certainly don’t speak for the pharmaceutical industry that absolutely needs strong patents to survive, and they don’t talk for the biotechnology industry where start-ups and even large companies largely have little in the way of asset value outside their patent portfolios. And they absolutely don’t speak for the independent inventor who needs a patent system to protect their innovations from being ripped off by… well by those same Silicon Valley elite who so hate the 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.

Mr. President, why not host another inaugural ball either at the Old Patent Office Building or at the current Patent Office in Alexandria, Virginia? Or even better, why not host one event at the Old Patent Office Building just blocks from the White House and also host another event in the Madison Building at the current Patent Office in Alexandria? After all, President Madison (whom the building is named after) was one of the primary champions of including patents in the U.S. Constitution. What better way to show the American people commitment to innovation and the high-tech economy than celebrating this special day the way that President Lincoln did some 148 years ago?

After Judge Moore’s remarks, James Donald Smith, Chief Administrative Patent Judge, then took the podium to deliver his remarks and to introduce all of the new APJs; an impressive bunch that averages 3 advanced degrees in either science or law, some of who come from the largest patent law firms in the country, including Arnold & Porter, Foley & Lardner, Jones Day, Hunton & Williams and Finnegan Henderson. Others of the new Judges come from within the USPTO or the Department of Justice. Several of the new APJs were formerly on the Board and are now returning after a period of time in private practice.

The last Continuing Resolution (or CR) ran out on April 8, 2011, with a 11th hour agreement, which was ultimately passed by Congress and signed into law by President Obama the following week. When the dust had settled the United States Patent and Trademark Office did not fare well at all, with $100 million be diverted from the Patent Office. That lead to the Office today announcing severe austerity measures because they don’t have the funds available to operate as a going concern.

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.

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.

In this installment we start out talking about Judge Michel’s work for Senator Arlen Specter and how today there seems to be a slow and steady decline in the checks and balances intended to be a part of the federal system. This lead us into talking about the Founding Fathers and how they viewed intellectual property, and patent in particular, as critically important. We discussed how the Patent Office used to be held in such esteem by the Founding Fathers and many generations, and how that seems to be a relic of the past. We also discussed how Judge Michel would like to become a public nuisance and troublemaker as he attempts to proselytize for the patent system and a more responsible federal government.