Guest Contributors IP News IPWatchdog Articles Articles patent Patent Eligibility patent eligible patent office patentable subject matter Patents Technology USPTO

Patent Uncertainty: Real Ideas, Real People, Real Harm automobiles, massive homes, and life on the seashore.  The monetary rewards for a profitable concept might be substantial to the inventor.  It’s a simple statement; one single concept can have a serious influence on the inventor’s life, their household for generations, society and commerce.   Individuals contact innovations every single day that make their life higher as a by-product of such profitable concepts.  The framers of our structure understood the previous information of life and methods to pretty incentivize our society to invent.  It’s referred to as the patent system and it’s present in Article I, Part eight, Clause eight of our structure.

At the moment, the patent system is fluid resulting from current laws and courtroom selections which have induced appreciable uncertainty and authorized maneuvering.  As a first-time inventor, I had no concept as to the authorized battles within the background relating to what concepts ought to obtain a patent.  Many of those authorized battles appeared to be extra about making an attempt to be proper for financial achieve, than doing proper for human decency.

Our eyes have been taken utterly off the ball of fixing society’s issues and making life higher, to focusing extra on who can out lawyer who to obtain a aggressive benefit not deserved by stealing different individuals’s concepts.  Because the founding father of IP Watchdog, Mr. Gene Quinn, so rightfully posted on my first article “but let us pause for a moment and reflect on just how tragic it is that one can write: although it may solve a long-standing problem and improve quality of life… it is not patent eligible. That is where we are, and it is utterly disgusting.”  His assertion not solely speaks volumes, it appropriately displays the mis-placed significance of an invention’s true nature to unravel issues and make life higher.

As well as, huge cash concepts appeal to massive gamers who’ve motivations that aren’t all the time admirable.  I’ve definitely skilled each the great aspect and dangerous aspect of human nature with my invention that finds missed Social Safety Incapacity Insurance coverage advantages (S.S.D.I.) for grownup youngsters with disabilities. Many of those experiences have been shameful and indecent.  An inventor wants authorized safety from the dangerous aspect of human nature and the framers of the structure knew this reality.

IP Watchdog was sort sufficient to permit me to share my first article titled “Can I hold on long enough until the madness stops?” relating to the challenges I’ve confronted in making an attempt to acquire a patent.   I would really like this chance to share the remainder of my story of how actual concepts, contact actual individuals and the way uncertainty can do actual hurt.

Let’s name day trip, step again for a second and observe that the group we depart our youngsters is best than the cash they inherit.  That premise ought to be our guiding mild and start line.  All this authorized wrangling to water down patent rights has a hidden value to the group that outweighs any financial achieve.  The hidden value to society is delicate, not flashy like the excitement phrases “patent troll” or “non-practicing entity” that make society need to lynch the inventor simply from the sound of these phrases.  It’s intelligent advertising positioned on an unsustainable patent premise to advance an unfair financial achieve so far as attainable till the premise collapses, identical to sub-prime mortgages.  Did we expect individuals and not using a job actually certified for a mortgage to personal a house?  It was a mortgage state of affairs pushed so far as potential till it stopped.  Sub-prime mortgages had plenty of intelligent advertising and flashy buzz phrases identical to the patent surroundings does now, the correlation is straightforward to see.


What are the full hidden prices to society stemming from the uncertainty of patents and the way can we quantify such value?  I can’t reply these questions; nevertheless, I can converse to the hidden prices particular to my patent software state of affairs.  On the floor, fixing the Social Safety Incapacity Insurance coverage (S.S.D.I.) profit drawback ensures that the grownup youngster with a incapacity will get their rightful profit as meant by Congress.  The answer additionally saves each the Federal/State governments substantial Medicaid expense and mitigates Social Safety overpayments to different family members.  My firm has projections as to these monetary losses turned to Medicaid financial savings.

The uncertainty of my patent, now in attraction course of, makes it troublesome to draw the required funding.  I had robust curiosity as much as the ultimate rejection from the USA Patent and Trademark Workplace.  I actually felt that I might get in entrance of any main participant and virtually did at will.  In a political setting, I might name a patent a particular greatest follow, don’t depart house with out one or the potential for getting a patent.

The uncertainty of the patent can also be inflicting pause from different teams who might want to gamble and run off with my concept.  One main participant is enjoying a cat and mouse recreation with me.  A reliable danger/reward evaluation should handicap the probabilities of my attraction based mostly each on my authorized arguments and substantial supporting proof.  Additionally, I’ve all the time felt that the large cash issue would guarantee me authorized illustration to tackle the large boys.  In truth, I’m already fielding inquiries after my first article revealed.  And there’s a trigger behind my concept, serving to individuals with disabilities, which affords me help from numerous advocacy teams in methods too quite a few to rely.

If my story ended right here, it might have documented the financial loss to society, however not the human toll.  It simply so occurs that it’s an election yr in Ohio.  Each candidates for Governor have precedence aims as Governor that might be funded by Medicaid financial savings with out slicing any remedy.  In reality, remedy dollars are added by the invention.

Based mostly on newspaper articles and tv ads, one gubernatorial camp needs to offer funding towards remedy of the opioid disaster in Ohio and that disaster is extreme.  Nationally there are greater than 50,000 annual deaths from drug overdose, inflicting extra deaths than both automotive accidents or weapons (CBS Information, Dec. 9, 2016).  In Ohio, the demise fee is twice the nationwide common for States.  The opposite gubernatorial camp by way of their media efforts need to present free in state school, increase pre-kindergarten schooling and has a plan to stem the opioid disaster.  There could also be sufficient Medicaid financial savings from my invention to offer funding for all three objectives based mostly on estimates quoted by the candidates (the remedy of the opioid disaster, free in state school and broaden pre-kindergarten schooling).

I want to strategy the profitable camp with proposals for his or her consideration.

But, as an alternative of offering individuals with disabilities their rightful Social Safety Incapacity Insurance coverage advantages, saving the federal government substantial Medicaid expense, stopping Social Safety overpayments, offering funding for remedy of the opioid disaster, free in state school and increasing pre-kindergarten schooling, I’m in attraction with the USA Patent and Trademark Workplace relating to whether or not my invention is routine, typical or properly understood.  And that labeling of my invention as being routine, typical or properly understood is in view of submitted proof on the official report that nobody in my area of know-how makes use of my claimed strategies, both individually or as a mixture.

Clearly, there’s a drawback with the patent system in the USA of America.  The brand new Director of america Patent and Trademark Workplace, Director Andrei Iancu, has promised change and is making change.  I applaud his continued efforts.  Director Iancu has recalled patent purposes from attraction, my software can be a superb candidate to additionally recall and evaluate once more.  Does the USA Patent and Trademark Workplace actually need to give the impression that the regulation, proof and official memos don’t rely?  If nothing else, recall and droop the attraction course of for me to only sit down with the patent examiner to find out precisely what would make the patent software approvable.  I’ve no want to pre-empt the processing of routine Social Safety advantages, simply right the S.S.D.I oversights to grownup youngsters with disabilities and transfer ahead.

It might be prudent to maneuver ahead with the invention in any state and all states, whatever the unsure patent consequence.  The small print could possibly be labored out with a two-tier association for instance.  Nevertheless, I can’t stress sufficient the human nature of greed, the large cash could also be simply an excessive amount of temptation to succeed in any affordable association with no danger to all events.  On the floor, I appear to be as straightforward goal for giant cash curiosity to only run over.  Once more, the previous ideas converse to the knowledge of the founding fathers, a wholesome patent system and human nature.

Whoever invents or discovers any new and helpful objective, machine, manufacture, or composition of matter, or any new and helpful enchancment thereof, might get hold of a patent therefor, topic to the circumstances and necessities of this title.  The previous is the regulation in its entirety with further necessities that I’ve already met, and people further necessities will not be in dispute.

Can we overlook all of the authorized maneuvering, opinions and motives as to how the regulation ought to learn and simply give attention to the Congressional intent of latest and helpful objective?  Are the opinions not expressed by Congress that my invention could also be too summary, not technical sufficient, makes use of software program, (fill in your opinion) and so on. extra essential than offering individuals with disabilities their rightful Social Safety Incapacity Insurance coverage advantages, saving the federal government substantial Medicaid expense, stopping Social Safety overpayments, offering funding for remedy of the opioid disaster, free in state school and increasing pre-kindergarten schooling?

Make no mistake: Uncertainty is about actual concepts, actual individuals and actual hurt.  Cease the gamesmanship of making an attempt to be being proper and begin doing proper.  It’s the regulation, actually.


Picture Supply: Deposit Photographs.