New - Innovation Gadfly

FEATURED

The RESTORE Act Fails; Codifies the Effects of eBay

Paul Morinville /

- Featured -

September 10, 2024

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 […]

FEATURED

Rep. Darrell Issa Proposes Legislation Harmful to Startups and Inventors

Paul Morinville /

- Legislation -

July 31, 2024

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 […]

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The Foundation of Innovation: Why Was Patent Protection Enshrined in the US Constitution?

Andre DiMino /

- Corruption -

July 3, 2024

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 […]

FEATURED

Heads I Win, Tails You Lose: How the USPTO Retains their Ill-gotten Gains (Part II)

Julie Burke and Michael Spector /

- Corruption -

June 12, 2024

As we are well aware, the patent examination process is complex. USPTO personnel, USPTO technology, inventors, and patent applicants can and do make mistakes. Regardless of how an error arises, there should be a workable, reliable, and consistent petition process to address and correct errors. When it comes to financial mistakes, 35 USC 42(d) authorizes. […]

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Corporate Lobbyists Pushing Harmful Laws on Genuine Inventors

Paul Morinville /

- Corruption -

May 31, 2024

Fake Inventors Pushing Bad Law for Real Inventors After eleven years walking the halls of Congress, I’ve learned a few things. The most important is that more than half the members of Congress are good people who look out for their constituents. They value feedback and try to improve the lives of the people they […]

FEATURED

Highway Robbery: How the USPTO Pockets Excess Filing Fees (Part I)

Julie Burke and Michael Spector /

- Corruption -

May 26, 2024

$15,880 Gone! $13,900 Missing! $13,540 Taken! $17,120 Lifted! $6,390 Pilfered! $8,300 Borrowed! This article is dedicated to inventors and IP practitioners who have checked their USPTO deposit accounts only to realize “we’ve been robbed!” Unlike the burglar who stealthily snuck into Steve Martin and John Candy’s motel room in Planes, Trains and Automobiles under the […]

FEATURED

Dear Congress, the PTAB Hinders Innovation and Threatens National Security

Paul Morinville and Dirk Tomsin /

- Corruption -

May 14, 2024

PTAB hinders innovation threats national security

The Patent Trial and Appeal Board (PTAB) effectively invalidates 84% of the patents it fully adjudicates. That fact comes directly from the U.S. Patent and Trademark Office’s (USPTO) PTAB Trial Statistics FY23 End of Year Outcome. This astronomical PTAB invalidation rate has effectively shut down investment in early-stage startups, particularly in vital sectors that require […]

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Shut Up! Denied Right to Defend Your Rights

Randy Landreneau /

- Corruption -

May 7, 2024

Inventors naturally solve problems that others have not. Tom Waugh had a successful business in Alabama, providing fittings and parts for utility poles and electrical systems. Utility poles must be strong and durable, especially tall ones with many lines. The metal utility poles that existed before Tom got involved required taking large sheets of metal […]

FEATURED

New Legislation that Restores America’s Leadership in Innovation

Paul Morinville /

- Legislation -

May 2, 2024

On April 26, 2024, Representatives Thomas Massie and Marcy Kaptur introduced the Restoring America’s Leadership in Innovation Act (RALIA) in the House Judiciary IP Subcommittee. RALIA is one of those rare bills that actually does what its title says it does. RALIA restores America’s leadership in innovation, which is very much in the interest of […]