for product evaluations seems to be over. Now that the initial frenzy is done -- we are looking for presenters. If you are interested in presenting your product or idea for group evaluation at the SEPTEMBER, OCTOBER or NOVEMBER meeting let us know. Please Contact Stephen des Jardins (Evaluations Coordinator) at (775) 586-8135.
about the problems in the proposed new law HR1907, by Don Costar, he is still working for us.;
June 13, 1999
The Honorable Jim Gibbons
Representative from Nevada
100 CHOB
Washington, D.C. 20515 Re: Opposition to HR1907
Dear Representative Gibbons:
There is no argument that the business of politics is a difficult but honorable profession. America has certainly become the world power it is because of our Congressional system, yet most Americans are unaware of heroic work done on our behalf in Congress.
It is also apparent that occasionally unethical conduct happens in the course of legislation, misguided in the least, and dishonest at its worst
Such a piece of legislation is out of committee now Sir. It is House bill HR1907; AMERICAN INVENTORS PROTECTION
ACT OF 1999. Its major objectionable section is referred to as Title II; FIRST TO INVENT DEFENSE ACT.
This is an example of dishonest legislation mentioned above. It is a blatant attempt to reintroduce, and enact
through deception, what has repeatedly failed on merit, for years. Through the use of misnomers and double talk
it is an unethical attempt to hide the true original title of the legislation "Patent Infringement Defense."
In addition to being an anathema to the very purpose of the U.S. patent system, it is also an attempt to legitimize
trade secrets, which are rightfully not, and never have been, a part of the U.S. patent system.
The following reference to trade secrets in patent law recognizes the sentiment expressed by the court In re Sarkar,
197 USPQ 788 at 791 (CCPA 1978), which stated: "that wherever possible, trade secret law and patent laws should
be administered in such a manner that the former will not deter an inventor from seeking benefit of the latter,
because the public is most benefitted by the early disclosure of the invention in consideration of the patent grant.
If a patent applicant is unwilling to pursue his right to a patent at the risk of certain loss of trade secret
protection, the two systems will conflict, the public will be deprived of knowledge of the invention in many cases,
and the inventors will be reluctant to bring unsettled legal questions of significant current interest . . . for
resolution."
Another objectionable section of HR1907 is Title I, INVENTORS' RIGHTS ACT. This section incorrectly assumes unethical invention promotion firms commandeer inventors' ideas. This isn't true. They exist solely to separate the inventor from his money. Any attempt to solve this problem through legislation called "Patent Reform" is unconscionable. Policing invention promotion scams has nothing to do with patent law, patent reform or the U.S. Patent and Trademark Office. It should be addressed, because it is a serious crime against senior citizens, small businessmen, entrepreneurs and inventors alike. It is serious enough to deserve its own legislation with fair public hearings, not as a misnomer to sugar coat an otherwise horrendous piece of legislation.
Title I and Title II of HR1907 have no right to inclusion of any bill that tinkers with U.S. patent law. They
are rightfully not a part of the patent system, not a part of the U.S. Patent and Trademark Office, and never should
be.
It's no exaggeration the strength of the U.S. economy is beholden to the tried and proven U.S. patent system; bringing
into our economy billions of dollars a year in royalties paid by foreign marketers. HR1907 may, therefore, benefit
foreign interests and multinationals, but not America.
Congressman Gibbons, Nevada (and America) urges you to oppose HR1907. It is harmful legislation that in its
present form may do irreparable damage to the U.S. economy.
Respectfully,
Don G. Costar, founder,
Nevada Inventors Association
Page done by Vince Chemist.
Created August 14, 1999
Updated Dec 2, 2005