The US Inventor PREVAIL Amendment Harms US Inventors
In June 2023, the Promoting and Respecting Economically Vital American Innovation Leadership (PREVAIL) Act was introduced in the Senate and the House (S.2220 and H.R.4370) to address the extraordinary cost and absurdly high patent invalidation rate of the Patent Trial and Appeal Board (PTAB). The corporate lobby claims PREVAIL fixes the PTAB and its astronomical […]
New Compelling Evidence of Anti-Innovation Bias
If a tree falls in the forest and no one is around to hear it, does it make a sound? A recent study by the Sunwater Institute “Patent Quality in the United States, Findings and Suggestions for Policy Makers” should have landed with a deafening sound but has been largely ignored. It finds that the […]
Corporate Bills Handicap US Innovation
China can steal their way to technological parity with the U.S., but China cannot steal from the U.S. what it has not yet invented. So how did China take the global lead in 37 of 44 technologies critical to the economic and national security of the United States? The answer can only be that China […]
Mossoff Shows the RESTORE Act Codifies eBay Factors
An article published in Innovation Gadfly on September 10, 2024, entitled “The RESTORE Act Fails; Codifies the Effects of eBay,” explained how the RESTORE Act only shifts the burden of who has to prove that an injunction is warranted. Since RESTORE does not abrogate the eBay Factors, the eBay Factors will continue to determine the […]
The RESTORE Act Fails; Codifies the Effects of eBay
The U.S. Constitution constructs a patent as nothing but an “exclusive Right,” the very essence of a private property right. As such, for two centuries preceding 2006, over 90% of patent owners who won patent infringement cases were awarded injunctive relief. Infringers knew ahead of time that the courts would stop their infringement, which could […]
Rep. Darrell Issa Proposes Legislation Harmful to Startups and Inventors
Rep. Darrell Issa, the Chairman of the House Judiciary Committee’s IP Subcommittee, recently introduced draft legislation titled the Litigation Transparency Act of 2024 (LTA). Issa knows this legislation is bad for inventors and startups because it was explained clearly to him in a hearing in his IP Subcommittee. You can read more about this hearing […]
Got Knockoffs? Hit ‘Em with a 337 Complaint
We had a problem. Our patented Smartgrip, which allows any item to grip when knocked but lifts naturally, was gaining steam. Mighty Mug, our first item with Smartgrip, was so innovative that it attracted many imitators, which became a problem we were set on solving. Imitation is a form of flattery and a sign that […]
The Foundation of Innovation: Why Was Patent Protection Enshrined in the US Constitution?
In the intricate framework of America’s founding documents, patent protection holds a specific and distinct place, reflecting the wise foresight of the founding fathers of our great country. The prominence of patent protection in the US Constitution was no afterthought; on the contrary, it emerged as a pivotal instrument to foster innovation, promote progress, and […]
How to Write a Good Patent From Someone Who Has Patented Nothing and Is Not A Patent Attorney
I haven’t written anything for external consumption in a long time unless you count the stuff I do for UnemployedProfessors.com and my Instagram captions. After last week’s US Inventor’s call, however, I was persuaded to not only write for Paul, my favorite patent frenemy, but also change my topic to this one. It has a […]