Rebirth of Reason Website Attacks Patents
Last Updated on Saturday, 30 August 2014 11:13
Written by dbhalling
Saturday, 30 August 2014 11:13
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
- Dale B. Halling Invited to Debate at Freedom Fest
- Inventing to Nowhere: The Movie
- Self-Ownership: A Conservative Conspiracy?
- USPTO’s Secret Program to Deny Politically Inconvenient Patents
- Yale Law Professor’s Attack on Patents: A Comedy, Farce and Tragedy All Rolled into One
- Competition is for Losers
- Philosophy of Science
- Farewell to Reality: Book Review
- CATO on Software Patents