H.R.1249 - America Invents Act
To amend title 35, United States Code, to provide for patent reform. view all titles (7)
All Bill Titles
- Official: To amend title 35, United States Code, to provide for patent reform. as introduced.
- Popular: America Invents Act as introduced.
- Short: America Invents Act as introduced.
- Short: America Invents Act as reported to house.
- Short: Leahy-Smith America Invents Act as passed house.
- Short: Leahy-Smith America Invents Act as passed senate.
- Short: Leahy-Smith America Invents Act as enacted.
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U.S. Congress - H.R.1249 America Invents Act




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Consideration of H.R. 1249 America Invents Act should include a detailed analysis of the impact it will have on a certain and specific set of patents which were deliberately allowing to fall into the public domain in March 2007:
http://push.pickensplan.com/forum/topics/2187034:Topic:17420The patents for this disruptive technology, cheap hydrogen fuel from plain water, should be put into the context of these recent news developments:
Los Alamos Laboratory News – April 22, 2011 -
http://www.lanl.gov/news/releases/cheaper-hydrogen-fuel-cells.html
Journal of the American Chemical Society – May 25, 2011 -
http://pubs.acs.org/doi/abs/10.1021/ja202743r?journalCode=jacsat
Is this disruptive the innovation and ingenuity this bill is designed to suppress?
Is it true that this bill was passed by the House without a single individual inventor testifying before the House? It seems like actual people who invent things would be a pretty important population to hear from when debating a bill about patents.
It seems to me that this bill will favor corporations over the small guy as he who wins the race to patent office wins? The purpose of patent law is to encourage innovation for its own sake, not to reward only the winner of the race, or the corporation with the most efficient legal staff. And the house passed this turkey?
This is absurd. Don’t turn American Innovation into a timed race.
It seems that it is doing just the opposite of what you don’t seem to want. It seems to read that the inventor needs to have invented something before they file for a patent rather than just filing the patent based on a pie in the sky idea.
Let me know if I have missed something.
In response to the question: “Is it true that this bill was passed by the House without a single individual inventor testifying before the House?”
It’s mostly true. There was one inventor (Dean Kamen) who testified twice before the house and was/is opposed to the bill. The Senate had zero inventors nor small businesses represented during this same time period (6 years) during which patent reform hearings occurred.
The hearings were orchestrated by the bills proponents to get the result they wanted in a scripted way. They were not seeking to learn something they might not have known nor were they trying to seek truth. The result will be injustice.
Under either system (FTI, or FTF if it passes) an applicant has to have invented something. An invention can exist only in the inventor’s mind and in the application. This is reasonable for multiple reasons, one of which is that some entrepreneurs might not want to invest the time, energy and money in creating the invention until the patent issues.
The bill needs to be amended with real reforms, including:
1) Software and business methods should not be patentable. Like math and abstract ideas. Period.
2) Hardware technology patents should only be valid for 3-5 years. Technology advances far too fast for a 21 year monopoly.
3) If a company goes out of business, or is acquired, the patents should become public domain.
4) Patent holders should either provide reasonable licensing, or produce a product in the marketplace.
5) For any patent to be approved, it should be voted on by a 5-member panel of experts in the related field of the patent subject matter, as being non-obvious and a truly novel invention worthy of a patent.
So I haven’t read this yet but I’ve immediately got a question from the summary.
“Changes the patent application system from one that awards patents to the first person to invent something to a system that awards the first person to file a patent application on an invention.”
Does that mean you could patent something that thousands of people have been doing already as long as you’re the first person to file? Does prior art not mean anything?
I completely agree. Software patents are killing innovation, especially in the free software/open source communities.
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