Abolish "The Too Obvious" Rulling
- by: uncloginnovations.blogspot.com/
- recipient: All Americans, This is about a constutional right stollen away 100 years agoThis is about regaining a Constitutional right taken 100 years agoThis is about regaining a Constitutional right taken 100 years agoeconomy individuaintullictual property
Few people know the US patent office has preventing countless job creating investments from being made in America and the world with a bazaar denial excuse that has almost no effect on large organizations, but drains the pocketbooks and time of Average Joe and Jane inventors, before chasing off their investors.
This is not only damaging to the US economy but to all the nations that supply America. They call it "Obviousness" . The attachment contains examples.
It was created to prevent people from patenting things long in common use, like trying to get a patent for the wheel, ball, or the shoe. Certainly patents should not be issued if the device or utility already exists, but that is "Already Exists" which would prevent a patent anyway, not "Too Obvious" for us today.
This is being used on independent inventors of totally new utilities, that could seed new industries, so instead of private funding to start up they may spend years fighting for a totally unique invention until they go broke in legal fees.
The patent is the only assist of invention, everything else costs the inventors, so to cast a judgement instead of simple verification of uniqueness is draining off independent inventors with average pocketbooks before the investors can fill them up, so they can't get their new ventures going, and the new jobs that would come with them are prevented.
Great inventions without market protection will dry out and just sit on paper like DA Vinci's great innovations did. If the European governments would have auctioned off the market rights to his inventions then organizations could justify their development costs.
I could not believe how the Patent Office manipulates "Obviousness" until I saw heard this from several Patent Attorneys: Ask a few if you too find this hard to believe.
The "Too Obvious" denial of patents can be the USPTO's opinion that the invention would have been "Obvious" to another inventor, who did not invent it, or its utility. Even if the utility does not exist in any shape or form they are still denying unique helpful independent inventions, that could create many jobs, with this.
If a useful invention or utility did not previously exist it could be very simple, but not "obvious" as that would mean it was not obvious enough to even exist. Today this and other regulations meant to slow down the industrial cycle soon after the start of the "overheated" 20th century, by now may have blocked millions of independent patent applications, and thousands of start up companies.
When I finally realized they could actuality do this to average American citizens I checked the US Construction. It was very clear about patent rights, article 1, section 8.
"Congress shall have the power...to promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries".
It says nothing about rejecting them because of a speculation that some other person could have invented it first, if they just wanted too.
This is not only unconstitutional it is extremely damaging to our economy, because it directly hinders the cycle of industrialization, which is much like a jungle. New plants must be growing up to full the space the old ones vacate.
Join me to demand that Washington reads the US Constitution and puts individual people first. The US patent was invented to protect individual authors and inventors.
Give these people their well deserved market rights so America can get manufacturing going again.
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