MESSAGE
| DATE | 2023-01-27 |
| FROM | Ruben Safir
|
| SUBJECT | Subject: [Hangout - NYLXS] Intellectual Copyright Wars - The Problem is
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politico.com
Protesters and petitions marked an effort to oppose Darrell Issa leading
a House Judiciary subcommittee with patent law and intellectual property
oversight.
2–3 minutes
What happened: Protestors rallied outside the Capitol Hill Club on
Tuesday and Wednesday — and delivered a petition to members of the House
Republican Steering Committee — to oppose Rep. Darrell Issa (R-Calif.)
leading an influential House Judiciary subcommittee.
The panel in question, the Subcommittee on the Courts, Intellectual
Property and the Internet, has broad jurisdiction over patent law and
intellectual property, among other issues.
Members affiliated with the patent rights advocacy group US Inventor
held signs reading "Issa Kills Patents," "America Loves Innovation but
Not Issa" and "Issa Bankrupts Inventors," alongside other slogans.
"He is squelching the discussion. He is not allowing the startup and
independent inventor community to have a voice," said Paul Morinville,
one of the group's founders. "If he’s there, we’re just going to have to
muscle through it somehow." He said they delivered a petition, signed by
more than 600 inventors holding more than 7,000 patents, to the offices
of each member of the House Republican Steering Committee.
Issa, of course, sees the situation quite differently. "The notion that
he wants to limit American innovation or hand our adversaries an
advantage doesn’t even rise to absurd," his spokesperson, Jonathan
Wilcox, said in a statement. "He stands ready to work with all sides to
improve the patent landscape."
"As long as there have been patents, there have been disputes about how
to regulate them. Congressman Issa believes from decades of experience
the system has too many loopholes that allow litigation and lawsuit
abuse to stifle innovation. Every IP reform he has achieved is to make
the system more fair for everyone," Wilcox said.
The California Republican is one of the wealthiest members of Congress.
He previously chaired the House Oversight Committee from 2011 until
2015. He's served in Congress since 2001, with the exception of a break
between 2019-2021.
https://ipwatchdog.com/2023/01/23/darrell-issa-doesnt-understand-problem/id=155674/
***THis article LIES and claims patents are property rights. The are
not. They are Government GRANTS and PRIVLEDGES. It has ZERO to due
with Real Estate ***
Darrell Issa Doesn’t Understand That He is the Problem
Paul Morinville January 23, 2023, 03:15 PM 3
8–10 minutes
“Issa’s statement says that his IP reforms have been ‘more fair’ for
everyone, yet thousands of independent inventors and startups disagree
and oppose him as the IP Subcommittee Chair.”
https://depositphotos.com/61369901/stock-photo-perspective-word-on-a-puzzle.htmlUS
Inventor is publicly opposing the appointment of Representative Darrell
Issa (R – CA) to Chair the IP Subcommittee due to Issa’s record of IP
reforms that are harmful to independent inventors and startups. To
accomplish these IP reforms, Issa squelches the voices of independent
inventors and startups while amplifying the voices of Big Tech and
Chinese Communist Party (CCP) controlled multinationals.
Now, in a recent statement, Issa argues that his IP reforms have made
the patent system more fair for everyone, even as the facts show he is
completely wrong. Issa is unfit to be IP Subcommittee Chair.
Issa’s Own Statement Shows he is Unfit to be IP Subcommittee Chair
Issa’s recent statement to Politico shows clearly why he should not be
the Chair of the IP Subcommittee. At the time of the statement, Issa was
in Davos at the World Economic Forum, which boasts Big Tech partners
like Alibaba, so his staff responded for him, saying:
“As long as there have been patents, there have been disputes about
how to regulate them. Congressman Issa believes from decades of
experience the system has too many loopholes that allow litigation and
lawsuit abuse to stifle innovation. Every IP reform he has achieved is
to make the system more fair for everyone”.
This article could end right here because the simple fact is that US
Inventor and its 87,000 members are opposing Issa to Chair the IP
Subcommittee, and that means that Issa’s IP reforms have not been “more
fair to everyone.” Certainly, if they were, we would not be opposing him.
However, Issa’s statement displays a hopeless misunderstanding of
patents in general and, more specifically, a discouraging
misunderstanding of the merits of his own IP reforms, so more needs to
be discussed.
Issa has been a driving force behind most of the IP reforms for the last
15 years. This includes many that are damaging to small patent holders,
but the worst by far is the America Invents Act (AIA) of 2011, which
created the Patent Trial and Appeal Board (PTAB), an administrative
tribunal that invalidates 84% of the patents it fully adjudicates.
How can invalidating 84% of mainly small entity owned patents at the
request of largely Big Tech and CCP multinational corporations be “more
fair for everyone”?
The truth is that Issa’s IP reforms levied grave damage on independent
inventors and startups and the United States’ innovation engine in
general. They have enabled Big Tech to monopolize and caused early-stage
investment in U.S. startups to flee to startups in China.
Issa obviously does not understand that his IP reforms are responsible
for that damage, which makes him wholly unfit to chair the IP
Subcommittee. If he is made Chair, he will continue the ruinous path
that he has dragged us all down. It is time for a change in leadership.
Patents are Property Rights – Not Slip and Falls
Issa makes a fundamental mistake in equivocating patent cases to torts
like slip-and-fall cases when he talks about regulating patents and
loopholes that allow litigation and lawsuit abuse.
Investment into developing and commercializing an invention happens long
before any damage from theft of that invention can occur. This is very
different than a slip-and-fall case or some other tort, where nothing
exists until the damage occurs.
A patent must be able to attract investment long before any damage from
theft. So it must behave like a property right that can be
collateralized to attract investment based on the promise of protection
from infringement. That first investment starts up the startup.
In black letter law, patents have all the attributes of personal
property rights. This ensures that a patent has its Constitutional
construction as an “exclusive Right”, which is the very essence of a
personal property right.
Like real property, investors can only value a patent if it acts as a
barricade against theft. If it does not, anything they invest in
commercializing the invention can be lost. But when laws support patent
rights, potential infringers need to think twice before stealing the
invention because they stand to lose all they invest in commercializing
the stolen invention. In addition, investors can rely on a patent to
enable the startup to get a toehold in the market strong enough that it
can survive competition from huge corporations after patent protection
expires for the invention. Not only do strong patent laws encourage
people to invent, patent, invest, and commercialize inventions, but it
also reduces the occurrence of litigation.
When it works as it did for the first 200 years of U.S. history,
startups spring forth with new technologies and knock out lethargic
competitors. Nobody can monopolize and no other country can compete with
America in the development and commercialization of new technologies,
which drives social mobility, economic growth, and national security.
Issa’s IP Reforms Created Litigation Loopholes
Issa’s IP reforms created numerous litigation loopholes that enable
infringers to abuse the system. Today, if big corporations steal a
patented invention, they keep it, and there is little that can be done
about it. This is the reason that Big Tech has monopolized and
early-stage funding has moved to China.
Of Issa’s most egregious IP reforms, the AIA created truly destructive
litigation loopholes, including the PTAB.
The founders wisely studied history. The consolidation of power into the
hands of a few led to corruption, and that corruption led to
destruction. To thwart corruption, they put in place a separation of
powers thus creating strong property rights protections. In our system
of government, the executive branch has the sole power to issue a
property right, and only the judicial branch can take it away.
Because the PTAB is a division of the USPTO, the USPTO Director has the
sole power to both issue and take back patent rights. This eliminated
the separation of powers for patent rights and is the very definition of
a consolidation of power.
Patents are one of America’s most valuable property rights. They create
industries, break up monopolies and much more. So, large industry
players levy enormous political pressure on the USPTO to invalidate duly
issued patents so they can keep their place in the market and monopolize.
It is no wonder that the PTAB invalidates 84% of the patents it fully
adjudicates. Of course, the PTAB also has major problems with judicial
independence and bias, as shown in a recent GAO report.
Because Issa’s IP reforms have created litigation loopholes, patents
cannot be defended. Because patents cannot be defended, the floodgates
to predatory infringement have been opened, enabling Big Tech to
monopolize and forcing investment in early-stage startups to move to China.
We Need a New IP Subcommittee Chair
The AIA is one of many damaging IP reforms pushed by Issa. These IP
reforms have decreased innovation in the United States because startups
can’t get the funding to start up. They have increased litigation
because huge corporations can steal patented inventions with impunity.
They have created loopholes that allow litigation and lawsuit abuse to
stifle innovation.
Issa’s statement says that his IP reforms have been “more fair” for
everyone, yet thousands of independent inventors and startups disagree
and oppose him as the IP Subcommittee Chair.
Issa’s IP reforms are not fair and have the opposite effect of what he
says they have, and this shows how fundamentally unfit Issa is to Chair
the IP Subcommittee.
Image Source: Deposit Photos
Image ID: 61369901
Author: iqoncept
Warning & Disclaimer: The pages, articles and comments on IPWatchdog.com
do not constitute legal advice, nor do they create any attorney-client
relationship. The articles published express the personal opinion and
views of the author as of the time of publication and should not be
attributed to the author’s employer, clients or the sponsors of
IPWatchdog.com. Read more.
-----------------------
For further reference see
https://www.chibus.com/perspectives/2020/5/25/patent-wars-the-trolls-and-the-leviathans-ygmh3
http://www.mrbrklyn.com/docs/itka_response_1.pdf
https://ipwatchdog.com/2023/01/18/issa-not-fit-ip-subcommittee-chairman/id=155512/
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