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IP: Patent Wars....
From: David Farber <dave () farber net>
Date: Fri, 13 Apr 2001 19:45:29 -0400
Date: Fri, 13 Apr 2001 13:27:56 -0700 To: >>To: dgillmor@sjmercury .com From: "John D. Trudel, CMC, CPCM" <jtrudel () teleport com> Subject: Patent Wars.... Dear Dan -- It was good to see your column today, fittingly on Friday the 13th, about problems in the patent office (PTO). Still, the problems with the PTO go so much deeper than issues of fees. Don't blame Bush. He inherited this mess, which I expect will get much worse before it gets better. It may help understanding if you read the technology laws that Congress passed in the 1996-1999 period as exactly the converse of what their titles imply. For example, the "Inventor's Protection Act of 1999" (which just took full effect last November) served to regulate technology, destroy innovation by small firms, and allow the theft of U.S. technology to benefit incumbents and foreign interests. The telecom act of 1996, allegedly passed to ensure high speed digital access thorough the local phone monopolies, was a sham (see "telechasm" in the current, May, issue of Wired) that has choked off the Internet. It eventually destroyed billions in shareholder value and most of the DSL and bypass firms. The Digital Millennium Copyright Act is one of the most Draconian attempts to curb free speech and regulate technology in Western history, etc. That is why I for so many years -- yes, I am now retired from the patent wars -- tried to get Congress and the media to pay some attention to what was happening. So did many others, including a quorum of our Nobel laureates. Without success. We once had the recognized best-in-the-world patent system. It's gone. The current, totally rewritten, patent system does more to allow piracy and blockage of disruptive technology by special interests than it does to encourage innovation. It shifts wealth from innovation to litigation. The new law is so confusing, contradictory, and ambiguous that a steady stream of cases is already flowing to the Supreme Court. See http://www.trudelgroup.com/pwars.htm We've created a monster. Pouring more money into the PTO is NOT the answer. Let's fix the system before we throw more money at it. Right now this monster is already doing our economy more harm than good. Making it larger (as bureaucrats always suggest) will increase, not diminish, the harm. Peace, John D. Trudel ********************** John D. Trudel -- author, columnist, speaker, and business innovation guru. "We help technology and strategy come together to create value." Based in beautiful Oregon and in Cyberspace (503) 638-8644 <http://www.trudelgroup.com> <jtrudel () teleport com>
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