Convert this to a movie script and sell it to Hollywood. Excellent theme and plot. Big business and big government, intrigue, power-plays, coverups, tragic consequences and revenge
The authors (Sven Bostyn and Nicolas Petit) of this paper, PATENT=MONOPOLY – A LEGAL FICTION, argue that patents are not a monopoly based on standard antitrust analysis. It is very unusual for an academic paper to take such an unpopular position. They must have not got the memo that the goal of all academics is to vilify inventors, patents, and property rights. Below are some the lines I thought were interesting and my comments are below.
No other property right is so expensive,
We are facing is the worst attack upon independent invention that we have ever faced. The changes from the America Invents Act pale in comparison. Having to be more secretive and file Provisional Patent Applications earlier can be dealt with, but having no possible way to defend a patent against a financially strong infringer is a fatal blow.
Many inventors have thought that bringing a patent infringement suit is financially beyond them. But this is America, and you can hire an attorney on contingency. Your patent and your case have to be strong, but it can be done. This isn’t some myth – I have a friend who did this and won. But the legislation that passed the House, H.R. 3309, has Loser Pays, meaning that the patent holder has to pay the legal expenses of the infringer if the case isn’t won. There is some language in the bill that gives some leeway
There is a myth that Non-Practicing Entities (mythical creators who live under bridges) have caused an explosion in patent litigation. A recent report from the Government Accounting Office has concluded: 1) current concerns expressed about patent licensing companies were misplaced, and 2) no such NPE litigation problem exists. Yet Congress is pushing forward with the so called “Innovation Act.” For more information see GAO Report on Patent Litigation Confirms No “Patent Troll” Litigation Problem.
An article by Eric Shawn on Fox News discusses how the government is stealing the inventions of private citizens. In our Novel, Pendulum of Justice, the main character’s invention is stolen by the government resulting not only in the death of his company but the deaths of thousands of people. These are the real world affects of our government not protecting ...read more...
Gary Boone invented the microcontroller while working at Texas Instrument in the early 1970s. I had the good fortune to know Gary Boone in the later part of his life, he had a brilliant mind and was a good friend. It is sad day for the electronics industry and my heart goes out to his family.
IEEE did an Oral History with Gary that was lost for over a decade. You can see the agility and brilliance of this great inventor’s mind in the interview. Please read the whole oral history. Mr. Boone has a number of interesting insights in the interview. For instance, he states that he invented microcontroller while at Texas Instruments because of boredom. He was working in a group designing custom Integrated Circuits (ICs). While designing these chips he began to feel “I’m tired
Reviewed by Lit Amri for Readers’ Favorite
Hank Rangar, former cyber warrior, has revolutionized cardiac surgeries, and is able to save millions of lives and medical expenses with his lab Made By Man. Unfortunately, his technology is stolen and his gravely ill sister desperately needs this crucial lifesaving procedure. Hank has to face a corrupt Washington bureaucracy – will he succeed? Pendulum of Justice is the first installment in the Hank Rangar Thriller
Patent legislation is in the works right now that is a greater threat to independent inventors than any legislation we have seen in the past.
The bill is the Innovation Act, HR 3309, which passed in the House on Thursday, December 5th. I don’t know everything that is wrong with it, but there are two particular things that really stand out. One is Loser Pays. According to this bill, if a patent owner sues someone for infringement and doesn’t win, he automatically has to pay the other party’s legal expenses. This will end the ability of the typical independent inventor to defend his property. Historically, an inventor could hire an attorney on contingency. Loser Pays creates a huge financial risk that totally changes the playing field. Under Loser Pays, An independent inventor would have to risk financial ruin to defend a patent.
I have often pointed out that patents are a natural right under Locke’s theory of property rights. Locke stated, in modern language, that you own yourself so you have the right to those things you create. Many detractors have suggested that this absurd. According to Locke the three chief natural rights are life, liberty, and property. Locke states that protecting property rights is the main reason for forming governments.
Sec. 124. The great and chief end, therefore, of men’s uniting into commonwealths, and putting themselves under government, is the preservation of their property.
Inventions are the result the inventor’s labor and therefore property under Locke. Property
In order to understand why patents are property rights, we first have to understand what property rights are. The Austrian School of Economics theory of property rights is that they are a social construct necessary to efficiently distribute scarce resources. According to Austrians intellectual property is not scarce and therefore not property. Since IP is not property it is a monopoly and represents the immoral aggression on the part of the state.
The Austrians position is incorrect, logically, historically, and empirically. Property rights in the US are based on Locke’s formulation that property rights result from the act of creation. Note this is update for modern language. Austrians and Libertarians have purposely mischaracterized Locke to create a straw man argument as to why Locke was wrong. Adam Mossoff has an ...read more...
- Interesting Academic Study on Value of Patents to Startups
- CLS Reply Brief: Alice v. CLS Bank Supreme Court
- Win a FREE Copy of Pendulum of Justice
- Are Patents too Vague?
- Halling asked to Speak at Atlas Summit 2014
- Book Review: The Nature of Technology
- Business Method Patents: A Solution?
- Philosophy of Science
- Guest Post: Stop the Destruction of Independent Invention
- DK Halling Interview with Fran Lewis