|February 25, 2008|
Patent Reform Cheats Inventors!
Tell Your Senator to vote NO on Patent "Reform" (S. 1145)!!
Eagle Forum has been following the developments regarding the Patent Reform Act (S. 1145), sponsored by Sen. Patrick Leahy (D-VT). This dangerous legislation could come up in the Senate for a vote in the next week when Congress returns from its recess. The House version (H.R. 1908) already passed by a vote of 220-175 (Roll Call 863) on September 7, 2007.
Despite recent changes made to the bill, Eagle Forum still opposes it because it is a terrible cheat on small inventors, and also would be a gigantic giveaway of American technology, which is the key to our standard of living.
First, this Patent Act would make it cheaper for infringers to steal patented inventions by limiting damages to the patent's "specific contribution over the prior art" an unworkable test that would result in artificially low damages awards and increased litigation costs. Because damages are often the only remedy available to a small inventor, this ill-advised provision will decrease the value of patent property rights and undermine the ability of small firms to fend off large infringers.
Add it all up, and it is clear that the new Patent "Reform" bill is a big attack on the constitutional property rights of individual inventors and small enterprises. About a third of all U.S.-origin patent applications are filed by individual inventors, small companies, universities, and non-profit groups.
If Congress wants to do something constructive for our patent system, Congress should reinstate the rule that the Patent Office may not publish a patent application until a patent is granted, and if it is denied the application must be returned to the inventor, secrets intact.
Call Your Senators Today!
Capitol Switchboard: (202)-224-3121
Further Reading: PATENTS