Thoughts on patent law


Letter to the editor

I disagree with the article on the front page of The Brookings Register on Jan. 15, concerning patent law.

Intellectual property rights should be the first and primary focus of patent law when determining the first right to patent.

The inventor who has the first “moment of inspiration” should be the first to be considered and the second should be those technicians who studied, researched and developed the concept after the inventor had developed his machine or method. 

The inventor should always be considered first in every category; as in method or process, machine, manufacture, new use and composition of matter as well as dependent clauses.

The inventor has a right to profit from his work first.

An honest businessperson should be willing to assist the development or outright purchase of the intellectual property so that all can profit from their own work.

The Patent Office must control the process by accepting secured registration information with truth disclaimers for determining the first right to patent any machine.

The concept of “first bully to the front of the line” aka “first to steal, first to file,” does not best serve innovation, economic development or the interests of the less initiated.

What is the intent of this “America Invents Act”?

The question should be, who needs protection for their intellectual property and not what process can be used to take advantage?

I must compliment myself. This letter is much less vitriolic than the original draft.

Call your congressman and tell them to support the patent office and not the special interests.