Government is just another organism. Just like any other other organism its first priority is self-preservation. Its second - is to grow. The most it possibly can. It wants to be bigger do more - control more.
There are more than four million humans who work in just the federal government. Most of them see preserving and growing government as in their interest. And see those who want Less Government as the enemy.
(As just one recent example see: the Internal Revenue Service IRS assaults on conservative non-profit groups.)
The allure of the More Government mantra is strong - too strong for most of the humans who join the Borg. Even for many of the allegedly Less Government Republican Party - they too too often succumb to More Governments siren song.
So it sadly is with Virginia Republican Congressman Bob Goodlatte - and his attempts at patent reform." His alleged fix" - the Innovation Act - is a enormous government hammer. Created to swat - a gnat.
The gnat in question is what More Government advocates have dubbed patent trolls." But we must keep in mind:
When You Hear Patent Trolls - Think People Protecting Their Private Property
(W)hat exactly is a patent troll?" He or she is someone who owns a patent which is private property. And is trying to protect their private property from unauthorized use by someone who doesnt want to pay to use it.
Is someone who owns a house and calls the police to roust squatters a property troll?" Is someone who reports their car stolen an automobile troll?"
So its a gnat that in many instances - is lawfully engaged in defense of whats his. Government isnt supposed to be eradicating this behavior - its supposed to be leading the charge in defense of it. Per Article I Section 8 Clause 8 of the Constitution:
The Congress shall have 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....
There are some gnats that use questionable patents and shotgun harassment demand letters to try to extract money from businesses. The original sin there - is the government issuing an improper patent. Most of any reform" should be applied there.
Most patent holders are just trying to rightly protect their property.
If government is going to try to pick and choose which patent gnats in the swarm to swat - theyd best choose a highly precise instrument. The Innovation Act aint it.
Congressman Goodlatte is a good guy - he seems to realize this. So hes swung wide open the door to amendments - which has created a swarm of its own.
But its time he move pass the pride of authorship - and realize there are much better bills already out there. Ready to go - and enact the reform to which just about everyone agrees. And only the reform to which just about everyone agrees.
TROL Act
This is not fundamental transformation. It specifically reforms demand letter abuse without total system disruption.
It gives the Federal Trade Commission (FTC) the authority to deal with bad demand letter writers on an a la carte basis. The FTC examines each case as it comes rather then preemptive all-encompassing legislation where every single patent holder trying to protect their intellectual property is assumed to be acting in bad faith.
And thats about it.….
Strong Act
This isnt fundamental transformation either. It reforms demand letter abuse and cleans up some previous DC mistakes.
The last patent reform bill - the America Invents Act - established overly broad standards for when and how patents can be challenged at the patent office. This bill tightens them.
And it uses the TROL Act language that ends abusive demand letters.
Scalpels - not massive hammers. Minor government tweaking - not massive new government intrusions.
Lets do Less Government - for a change.
Government is just another organism. Just like any other other organism its first priority is self-preservation. Its second - is to grow. The most it possibly can. It wants to be bigger do more - control more.
There are more than four million humans who work in just the federal government. Most of them see preserving and growing government as in their interest. And see those who want Less Government as the enemy.
(As just one recent example see: the Internal Revenue Service IRS assaults on conservative non-profit groups.)
The allure of the More Government mantra is strong - too strong for most of the humans who join the Borg. Even for many of the allegedly Less Government Republican Party - they too too often succumb to More Governments siren song.
So it sadly is with Virginia Republican Congressman Bob Goodlatte - and his attempts at patent reform." His alleged fix" - the Innovation Act - is a enormous government hammer. Created to swat - a gnat.
The gnat in question is what More Government advocates have dubbed patent trolls." But we must keep in mind:
When You Hear Patent Trolls - Think People Protecting Their Private Property
(W)hat exactly is a patent troll?" He or she is someone who owns a patent which is private property. And is trying to protect their private property from unauthorized use by someone who doesnt want to pay to use it.
Is someone who owns a house and calls the police to roust squatters a property troll?" Is someone who reports their car stolen an automobile troll?"
So its a gnat that in many instances - is lawfully engaged in defense of whats his. Government isnt supposed to be eradicating this behavior - its supposed to be leading the charge in defense of it. Per Article I Section 8 Clause 8 of the Constitution:
The Congress shall have 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....
There are some gnats that use questionable patents and shotgun harassment demand letters to try to extract money from businesses. The original sin there - is the government issuing an improper patent. Most of any reform" should be applied there.
Most patent holders are just trying to rightly protect their property.
If government is going to try to pick and choose which patent gnats in the swarm to swat - theyd best choose a highly precise instrument. The Innovation Act aint it.
Congressman Goodlatte is a good guy - he seems to realize this. So hes swung wide open the door to amendments - which has created a swarm of its own.
But its time he move pass the pride of authorship - and realize there are much better bills already out there. Ready to go - and enact the reform to which just about everyone agrees. And only the reform to which just about everyone agrees.
TROL Act
This is not fundamental transformation. It specifically reforms demand letter abuse without total system disruption.
It gives the Federal Trade Commission (FTC) the authority to deal with bad demand letter writers on an a la carte basis. The FTC examines each case as it comes rather then preemptive all-encompassing legislation where every single patent holder trying to protect their intellectual property is assumed to be acting in bad faith.
And thats about it.….
Strong Act
This isnt fundamental transformation either. It reforms demand letter abuse and cleans up some previous DC mistakes.
The last patent reform bill - the America Invents Act - established overly broad standards for when and how patents can be challenged at the patent office. This bill tightens them.
And it uses the TROL Act language that ends abusive demand letters.
Scalpels - not massive hammers. Minor government tweaking - not massive new government intrusions.
Lets do Less Government - for a change.