FIRST TO FILE HELPS LITTLE GUY

After serving the needs of the over 1,500 entrepreneurs, I support a first to file system for the little guy because I have battled the “big guys” for over 20 years. Avoiding litigation expenses helps the little guy. For example, when the potential of interference as to inventorship is eliminated, the little guy is protected from litigation, at least on this issue. If the little guy cannot afford $2,000 to file a professional provisional application, then he is not in the game anyway. Several of my clients, including Thermark, had copycat patents filed by billion dollar firms, which caused early lawsuits on inventorship. This billionaire tactic scares potential investors away and tends to force the little guy to sell out cheap early in the game because all he has at this early stage is marketing potential and no cash flow. This same logic leads to opposing a post grant opposition, which is after all just another lawsuit and favors the billionaire. Special trial courts are needed, like in Germany, as are mandatory triple damages for the little guy in a win over a big guy. For example, when my client won over Wal-Mart, the judge chose not to award triple damages; she only awarded attorney fees. Each side still had to pay its own appeal costs, which totaled about $200,000 for each side. In today’s system, which is engineered by billionaire lobbyists and courtroom lawyers setting percedent, even when the big guy loses so does the little guy. Theft is encouraged. Wealth is sucked to the top before the little genius puts his gloves on. With outsourcing on the rampage killing pensions at United, Enron and IBM and stealing ideas before they hatch out of the ege with “patent reform”, one might say America is doomed to join in third world countries. Read Ronald Regan’s economist, Kevin Phillips’ book, Wealth and Democracy and realize that under Clinton and Bush, America’s richest persons got ten times richer while both Democrats and Republicans robbed the patent office of $100 million a year. Realize further that only the little non-tech inventor, like my searchlight client against Wal-Mart, needs a patent. Hi-tech firms have ten thousand man-years of secrets behind their products, so patents merely serve as trading chits among like giants. The tiny battle being lost by the small inventor in the House of Representatives’ latest round of “patent reform” may be the tip of the iceberg of the decline and fall of the American empire. My client, TherMark, has a link from this website. The President, Paul Harrison, survived open heart surgery after the initial lawsuits and 6 years later he has a small joint venture going with the successor to the firm that sued him first on inventorship. Could they have hurt him this badly if they could not have tied him up so early over inventorship? The only positive initiative in the current round of “patent reform” is the proposed first to file change. My proposals to preserve the patent system as a referee between the “haves” and the “have-nots” are seen in my open letter to U.S. Senator Mike Enzi, entitled “Nobody is Listening.”


Recent Posts

 -

As a native New Yorker I will never see our country in the same light. No matter how perfect our ...
Learn More