Restoring America’s Leadership in Innovation Act
“This Legislation puts a halt to and reverses many of the adverse changes to our patent system.”
What is the Restoring America’s Leadership in Innovation Act?
This legislation restores patent protection for inventors and mitigates a generation of laws, regulations, and court decisions that have discouraged innovation by failing to secure to inventors the exclusive rights to their discoveries.
Recent legislation and court decisions have all but destroyed what once was the world’s “gold standard” patent system, established by our Founders within our U.S. Constitution. Unless something is done soon, our Patent System will be pretty much ravaged, and with it, the American Dream.
Representative Thomas Massie (R-KY4) introduced legislation that would put a halt to and reverse many of the adverse changes to our patent system; HR 5874, the Restoring America’s Leadership in Innovation Act (RALIA), co-sponsored by Louie Gohmert (R-TX1), Tom McClintock (R-CA4) and Paul Gosar (R-AZ4).
Abolishing the PTAB
One key aspect of Massie’s bill is the elimination of the Patent Trial and Appeal Board (PTAB), an unconstitutionally established administrative tribunal, known as “the patent death squad,” along with the elimination of the inter partes review (IPR) and post-grant review (PGR) PTAB proceedings. Since the America Invents Act of 2011 (AIA) was enacted and the PTAB was established, Big Tech and multinational corporations, including those controlled by the Chinese Communist Party (CCP), have been using the IPR and PGR extensively to virtually steal the patent rights of independent inventors and innovative small businesses and startups.
The devastation to our system due to the PTAB invalidating 84% of the over 3,000 patents they have reviewed (including those that had been in force for years and achieved industry success) has been devastating. Aside from destroying people’s financial lives and businesses that had been operating prosperously, Startups are no longer able to secure adequate investment to bring their innovation to market due to the uncertainty involved. Eliminating the PTAB would help ensure that there is a level playing field for all; the independents and startups as well as the large corporations.
Restoring the Right to Injunctive Relief
The anti-inventor SCOTUS decision issued in the eBay v. MercExchange case would essentially be reversed. That ruling, basically denying legitimate patent holders any substantial permanent injunctive relief against infringers, opened the door for those who stole a patent to continue producing and selling their knock-off product and making substantial profits from their illegal goods. Massie’s bill would effectively restore an inventor’s exclusive patent rights and their ability to defend their innovations by putting a halt to infringement.
Striking Judicial Exceptions to Patent Eligibility
The RALIA would reverse the catastrophic U.S. Supreme Court (SCOTUS) decision rendered in the Oil States Energy Services v. Greene’s Energy Group case. The PTAB had taken away patents from Oil States that had been in force for over a decade. Oil States took it to court and ended in front of the SCOTUS. Their decision, emboldened by the US DOJ brief stating “Patents have always been understood as privileges or franchises,” directly violates wording in Article I Section 8 Clause 8 of our U.S. Constitution, which unequivocally states that the discoveries of inventors are “exclusive Rights.”
A couple of other detrimental AIA provisions that would be abolished are first-to-file, returning our patent system to the quite successful first-to-invent, as well as restoring an inventor’s one-year grace period before being compelled to file for a patent, allowing time needed to secure investment and to perform further R&D to ensure product quality for the filed patent.
The Massie bill would eliminate patent applications from being published by the USPTO, reverting to publishing once a patent is actually issued. Another huge AIA-era aspect that has plagued inventors in the legal arena occurs with the RALIA by restoring the presumption of validity of USPTO-issued patents and their claims.
Another positive change in the RALIA would be ensuring substantive patentability criteria of novelty, usefulness, and obviousness are contemplated separately from patent eligibility determinations. This alone would bring greater certainty and reliability to issued patents, particularly for computer-implemented inventions and biotechnological inventions.
Organizations that support the Massie bill
American Business Defense Council, American Conservative Union, Americans for Limited Government/Americans for Limited Government Foundation, Conservatives for Property Rights, Eagle Forum Education & Legal Defense Fund, Let Freedom Ring, 60 Plus, the Small Business Technology Council, U.S. Business & Industry Council, U.S. Inventor, and Vote America First.
WHY WE NEED TO PROTECT INVENTOR RIGHTS
Did you know? It’s not only inventors that suffer when their rights are not enforced.
When infringers steal inventions, they produce similar versions (counterfeits, knock-offs, me-toos, fakes, replicas, imitations, reproductions etc.), which are then distributed and sold in the marketplace to unsuspecting buyers.
North Carolina Secretary of state Elaine Marshall says “While it seems innocent buying counterfeit products, it’s a form of theft. You’re stealing from everyone in the business cycle. The people who invented it, the people who manufactured it, the people who ship it.”
Sadly many counterfeits are made cheaply and can be dangerous.
The Department of Ecology and the Washington Attorney General’s Office found 85.37% of counterfeit children’s items tested contained high levels of toxic metals.
Apple claims that 90% of Apple products sold on Amazon are counterfeit.
The Wall Street Journal also exposed thousands of unsafe and/or counterfeit items sold on Amazon.
Stolen inventions are everywhere, maybe you’ve unsuspectingly bought one? Did you ever consider that perhaps the code in your tech-gadgets was pilfered from an independent inventor’s patented innovation?
This is why we need your help. We need to protect inventor rights, home-grown businesses and consumers too.
DID YOU KNOW HOW HARD IT IS CURRENTLY FOR INVENTORS TO DEFEND A PATENT?
Inventors face hundreds of thousands of dollars in legal expenses and annihilation of their patent rights in unlimited third-party patent validity challenges at the Patent Trial and Appeal Board (PTAB).
“The Patent Trial and Appeal Board (PTAB) conducts trials, including inter partes, post-grant, and covered business method patent reviews and derivation proceedings, hears appeals from adverse examiner decisions in patent applications and reexamination proceedings, and renders decisions in interferences.”
The interactive Q&As featured below highlight what are largely unintended consequences of measures put in place to curtail abuses of the patent system committed by non-inventors.
Is It Easy For An Inventor To Defend Their Patent?
No! Inventors must endure up to a decade-long battle and spend tens of millions of dollars in legal expenses to obtain a final judgment in court against infringers. LEARN MORE
Can An Inventor File Suit In Their Home District?
Inventors are denied standing to file suit in their own home district under the 2018 TC Heartland decision. This means more costs, including travel and legal counsel in another state. LEARN MORE
Does A Patentee Has The Automatic Right To Stop Others From Using Their Inventions?
No! Inventors are denied the basic right to exclude others from using their invention under the 2006 eBay decision. LEARN MORE
Why Are Inventor Rights Continually Infringed Upon?
Inventors are not compensated fairly or sufficiently to prevent efficient infringement of their patent rights. LEARN MORE
What Other Significant Hurdles Do Inventors Face?
Inventors are denied meaningful participation in the patent system, this stifles their main source of innovation. LEARN MORE
How Often Do Inventors Prevail When Their Case Is Examined By The PTAB?
Only 16% of patents survive the PTAB intact. That means 84% of them fail. Yikes! LEARN MORE
US Inventor Rally at the AIPLA 2019 Annual Meeting
Inventor rally to: (a) support Zaxcom’s Glenn Sanders and Howard Stark (Emmy and Oscar Recipients & Inventors), during their Patent Trial & Appeal Board (PTAB) trial and (b) generate awareness about Inventor Rights. Held on Friday October 25, 2019 at Gaylord National Harbor, National Harbor, MD 20745, during the the American Intellectual Property Law Association (AIPLA) 2019 Annual Meeting.