TechCrunch

Monday, April 18, 2011

Patents are now "first to file" or "First Large Company who would like to take your idea and run with it reform"

S.23 Patent Reform Act of 2011, Passed the Senate March 8, 2011

I typically stay away from politics and politicians, because they don't do anything anything that makes any kind of sense. Although they are so easy to figure out, it's simply  a matter of  inquiring who paid them to write a law, typically so they can go on an extra vacation, put some money away for their personal retirement, or hire an extra secretary for there stay on the hill to help collect extra checks, to continue the process for the next election....so on this Bill I did.

It didn't take very long to identify who wrote S.23, politicians don't write anything, nor do they read anything. They are very familiar with bank software though.....i'd imagine, or at least there new secretary is.

S.23 Patent Reform Act of 2011 overturns over 100 years of precedent , and brings to mind  one of my favorite founding fathers: Benjamin Franklin

Benjamin Franklin

This is completely ironic, due to that Benjamin Franklin had so many disruptive technologies implemented, more so than anyone that I can think of like electricty, and the stove, and my favorite, let's let them rent books so they won't be as dumb, they simply can't afford it (the very disruptive concept of the library)

Would have one of the greatest principals "The Patent" dissapear due to "Benjamins" (cash) given to write a bill to give that was paid for by "The Church". (Microsoft Corp.), which goes against seperation of church and state. (church being run by the king of england, back then..this is a more of a money equals power concept, and the chuch was the only thing back in the declaration of independance days that would right checks to the king to implement laws. Now our Church consists of the Fortune 500, who right checks somehow for their own benefit all day long via brokers called PACs, individually, and directly, but i'll explain that in a second. This would'nt ruffle my feathers very much it's obvious, I know, and this isnt a political blog,  but since they took all of the innovators out at the knees on this one, I will go into detail, because this particular one (bill) irked me just a bit.

So this piece of legislation was written by the following recipients of cash and sitting congress members:
(and just for note, it doesn't matter one party affiliation, it just so happened this bunch of enablers happen to be Democrats, and Orin Hatch who apparently is party agnostic.. the deposits all go to his bank account.)
Democrats - Patrick Leahy, Richard Bloomenthal, Chris Coons, Al Franken, Kirsten Gillibrand, Charles Grassley, Thomas Harkin, Amy Klobuchar, Herbert Kohl, Joseph  Lieberman, Charles Schumer.
Rebublicans - Orrin Hatch, and Jon Kyl

The sum total of years of expertise in Patents........well it doesn't matter but none. they don't right the law they just pass it.

Direct Payments made to Mr. Patrick Leahy.. Paid for by:
Microsoft Coroporation  outright- $33,250
Technet (microsoft indirectly "a sponsor member") - $81,961

Other  Church Denominations include: (most likely not for this bill) (but maybe)
Time Warner - $63,400, Walt Disney Co - $43,000 Vivendi - $34,706 National Amusements $27,750 Comcast - $25 General Electric - $23,000 Google $23,000 Oracle - $21,000 Intel $16,900

Direct Payments made to Mr. Richard Blumenthal.....come on down your the next contestant on. the price is right. just sign here please.
Microsoft Corporation - $10,000
Assn. for Competitive Technology (micorosoft indirectly) - $2,000

Direct Payments made to Mr. Chris Coons..
Microsoft Corporation - $5,000
Entertainment Software Association - $1,000 (hmmm microsoft here maybe..)

Direct Payments made to Mr. Al Franken.............(oh common Al.....i was hoping not to see this here..if there was one guy who i thought would be a shining light in the darkness but he is now assimilated)
Microsoft Corporation - $20,050

To be fare Al had some of the same big donors as the leader of the "PAC" Patrick Leahy that might be involved but doughtful, they most likely had other bills to pass  National Amusements - $25,000,  Time Warner - $49,000 GE $52,000, News Corp $22,000.

Direct Payments made to Mr. Chuck Grasley
Microsoft Corporation - $16,250

Direct Payments made to Mr. Orrin Hatch
Microsoft Corporation - $4,500
Entertainment Software Association - $1,000

Cisco, AMD, Google, and Oracle are here too. ...but not a pattern like our boy Bill.

But anyway you get the picture. why would you ask would anyone pass such a mindblowingly ridiculous piece of legisislation that basically gives any company (church/institution) the ability to take any piece of published or non-published paper of professors worldwide, entrepreneurs who have had good notebooks, and havent published yet, due to financing issues, havent patented yet due to financing issues. and place the patent in.... well for what I can see not a whole lot of money is just as I said mindblowingly ridiculous.

From this point forward anyone can place a patent on any new paper they read, and the originator of the work gets nothing..

Why would Microsoft do this? Well they obviously are in a down period, have no real additions in the pipeline that would be useful enough that isnt already offered in the office suite, I mean common how many languages can you translate an article into, or how many fonts can you integrate until the diminishing returns on investment come into play.

This is a last grab political approach to innovation, but totally in characteristic with previous ploys, etc.
(for the record before looking into this i didn't realize that Microsoft was indeed the culprit, I was thinking someone much more on the ropes or on the downswing, but know it makes sense the money never lies in politics ever)

In technology the list of successful integration goes as so:
Technology defers to: Engineering
Engineering, defers to: System
System, defers to: Adoption
Adoption, defers to: Politics

If you can go directly to Politics, the Adoption, System, Engineering, and Technology are irrelavent.
And so a big dying company can hope to make the underlying technology coming at it a little less virulent, by just taking that technology for themselves. in this case this is exactly what is going to happen.

The particulars of the bill:
The patent reform bill overturned centuries of precedent that granted patent protection to the first inventor to file a patent application, rather than requiring patent office examiners to decide who was first to produce an invention. The White House, which promoted the legislation, said the changes would reduce legal costs, improve fairness and support American innovators.

I would agree it reduces all legal costs of attempting to identify who legally owns the rightful invention....this is much to complex...and legal....why not make it simple .....the big company owns it ...easy......

Big company now fairly owns the poor professors last five years of work, with zero compensation.

Support American Innovators......................See Page 2 of my blog on Innovators, this will support the Late Adopters and Ludites...not Innovators.

Part 2 support AMERICAN innovators, not really every chinese manufacturer running their search bot software will be able to mine and patent just about anything they are mining without that little hastle of inventorship in the way.

A true swipe at one of the fundamental principals of America, Invent something and you can make a lot of money selling it here without worrying about the church...until March 8, 2011, thanks to the church of Microsoft Corporation and the list of donors above.











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