The website Rebirth of Reason, which is supposed to be an Objectivist website, posted an article entitled Patent Scam. Below is my open letter to the author of this article.
Dear Ms. Vera S. Doerr,
If someone displayed the ignorance in criticizing Objectivism that this article does about patent law, Objectivists would be furious. First of all it is clear that you do not know how to read a patent. You don’t know the difference between the claims and the background, you don’t know the difference between an independent claim and a dependent claim or a patent and a patent application. In fact it is clear that you did not read the patent application, which can be found here http://www.freepatentsonline.com/20140215201.pdf. If you had read the patent application and understood how patents are written, instead of the summary from the article, you would clearly have seen that the invention is not about a device which can turn into a “cell phone, a smartphone, a tablet PC, a laptop, a personal computer, a netbook, a personal digital assistant, an e-book reader, a TV and/or other computing devices…” You would have seen that this was about a device with a foldable display that takes certain action when it is folded in different ways. These actions are explained in the patent application as making or receiving a phone call, sending or receiving an electronic document, activating or deactivating a software program, and connecting to or disconnecting from a network.
Despite your ignorance of patent law, electronics technology, and the specifics of the invention, you pontificate that “the technology behind it (the invention) would be so diverse that no material, no hardware, no software, existing today even as a theoretical prototype, could be combined into such a device.” Perhaps you are unaware that one of the requirements of a patent is the enablement requirement under 35 USC 112. It requires that the inventor explain his invention in enough detail that one skilled in the art be able to practice the invention. But you don’t have to take my word for it, foldable displays are known, see displays. Having a foldable display that when folded in a certain way receives a phone call, or sends a document, is well within the reach of today’s technology. As a patent attorney, with a BS in electrical engineering, a MS in physics, and named inventor on nine patents, I can assure you that this patent application is enabled and could easily be built by one skilled in the art. Now that I have shown that to you, you will probably turn around and say it should not be patented because it is obvious, further proving your ignorance of patent law, logic, and reason.
Next you state that everyone is doing this and you “simply cannot believe this patent scam! Worse: it’s actually legal!” This is clearly an appeal to emotion not logic. You continue this unsubstantiated attack on the patent system, suggesting it is a legal hold up game that people are using to get rich. Your article is worthy of a muckraking SOCIALIST journalist or a follower of Kant, Hegel, or Kierkegaard, but not someone writing on the Rebirth of Reason or someone who has studied Ayn Rand.
Rand stated that Patents and Copyrights are the source of all property rights, because they protect the source of all human creation, the products of man’s mind. Patents are property rights for inventions and your attack on the patent system is really an attack on the very basis of property rights.
There is a SCAM going on here Ms. Doerr, but it is not patents.
Dale B. Halling
This article, Intellectual Property, Innovation and Economic Growth: Mercatus Gets it Wrong, by Mark Schultz & Adam Mossoff is a follow up to their other article Intellectual property and economic prosperity: Friends or foes? This article is more hard hitting and the ask the questions of who has the burden of proof on whether patents promote economic growth? Anti-patent proponents consistently fail to provide any empirical data to support their positions, although they are great at coming up with anecdotal stories. Despite this they assume that the burden of proof is on people who support property rights in inventions.
The reason anti-patent advocates don’t think they have the burden of proof is that they have been taught the economic concept call pure and perfect competition as the goal of capitalism. Some of these people even think that perfect competition is the definition of capitalism. Perfect competition is inconsistent with the condition necessary for real per capita economic growth, is inconsistent with all property rights, has nothing to do with capitalism, is anti-mind, anti-invention, anti-patent.
PERFECT COMPETITION IS THE ECONOMIC IDEALIZATION OF SLAVERY.
Intellectual property and economic prosperity: Friends or foes?, in TechPolicyDaily.com. The article reviews a report by the Mercatus Center, a free-market think tank that is highly critical of IP. Here is one of my favorite quotes from the article:
“It is bewildering, for example, to find a libertarian think tank arguing that government projects are superior to private property rights as a means of directing resources to innovative activities.”
What is amazing is that the evidence between inventions, economic growth, and property rights for inventions is overwhelming. Those countries with the strongest patent systems are leaders in creating new technologies and the leaders in disseminating new technologies.
We have completed a first draft of the second Hank Rangar book, tentatively titled Trails of Injustice. Hank is snared by a government conspiracy to undermine the constitution. Can you guess which recent government conspiracy it is?
This weekend (8/1/14 – 8/3/14) Pendulum of Justice is on sale for $0.99. The hero of this fast paced techno-thriller is Hank Rangar an inventor.
With two high tech start-ups going gangbusters, former cyber warrior Hank Rangar has finally “made” it. His lab, “Made By Man,” has revolutionized cardiac procedures, potentially saving millions of lives and billions of dollars. But, the most important person in his life is very sick and his technology is suddenly stolen. Hank discovers two things: This lifesaving procedure may be the only way to save his sister AND Big Washington will stop at nothing to bury it.
Here is what people are saying about Pendulum of Justice:
“Pendulum of Justice reads like a book on anti-gravity: impossible to put down! My main complaint is how come the next book in the series isn’t out already.”
Publisher of NotPC
“Convert this to a movie script and sell it to Hollywood. Excellent theme and plot.”
The Magnolia Blossom
WOW! I feel like I just watched a movie in my head.
Hines and Bigham’s Literary Tryst
Absolutely brilliant – that was my first thought after I finished reading this compelling novel.
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