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America Invents Act - HR 1249 - patent reform
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BlazerFan11 Offline
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Post: #1
America Invents Act - HR 1249 - patent reform
I don't know why this isn't getting more publicity...

http://www.law.com/jsp/nlj/PubArticleNLJ...hbxlogin=1

http://www.prnewswire.com/news-releases/...89284.html

The most absurd provision in the bill is that it gives priority to "first to file" instead of "first to invent." This means that no matter who creates something, whoever gets their paperwork in first is granted the patent, regardless of how they obtained the concept or design. This means hackers who steal information and create their own version would be rewarded, and that large corporations who catch wind of a small business or individual inventor's creation (where most innovation comes from) could use their army of R&D scientists, accountants, and attorneys to speed something through and claim the rights.

Of course, many large corporations are lobbying for and announcing their support:

http://www.coldfusionnow.org/files/Paten...INAL-3.pdf

Oh yeah...and there is another bank bailout hidden away in it.

Quote:Finally, Section 18 of H.R. 1249 is another billion-dollar bailout for the biggest banks in the nation. Attacking the provision as “special interest legislation, pure and simple,” legal scholar Jonathan Massey argues that it would “shift the cost of patent infringement from financial services firms to the U.S. Treasury,” requiring the public to pick up the tab for the banks’ wrongdoing.

http://www.businesswire.com/news/home/20...D-Uncovers
06-15-2011 09:27 PM
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Bull_In_Exile Offline
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RE: America Invents Act - HR 1249 - patent reform
(06-15-2011 09:27 PM)BlazerFan11 Wrote:  I don't know why this isn't getting more publicity...

http://www.law.com/jsp/nlj/PubArticleNLJ...hbxlogin=1

http://www.prnewswire.com/news-releases/...89284.html

The most absurd provision in the bill is that it gives priority to "first to file" instead of "first to invent." This means that no matter who creates something, whoever gets their paperwork in first is granted the patent, regardless of how they obtained the concept or design. This means hackers who steal information and create their own version would be rewarded, and that large corporations who catch wind of a small business or individual inventor's creation (where most innovation comes from) could use their army of R&D scientists, accountants, and attorneys to speed something through and claim the rights.

Of course, many large corporations are lobbying for and announcing their support:

http://www.coldfusionnow.org/files/Paten...INAL-3.pdf

Oh yeah...and there is another bank bailout hidden away in it.

Quote:Finally, Section 18 of H.R. 1249 is another billion-dollar bailout for the biggest banks in the nation. Attacking the provision as “special interest legislation, pure and simple,” legal scholar Jonathan Massey argues that it would “shift the cost of patent infringement from financial services firms to the U.S. Treasury,” requiring the public to pick up the tab for the banks’ wrongdoing.

http://www.businesswire.com/news/home/20...D-Uncovers

I wonder how all this will impact the use of prior art. Not that the Patent office has given a crap about prior art since they started allowing algorithms and business processes.
06-15-2011 11:41 PM
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RaiderATO Offline
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RE: America Invents Act - HR 1249 - patent reform
FYI: Patents are separate from copyrights. Copyrights are granted at creation.

I'll have to look over the info and see how their relationship is going to change if this bill passes.
06-16-2011 08:00 AM
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