As a patent holder myself, it took me a while to realize the rules, and why they exist. Unknowingly, political corruption worked in my favor!
By Jack E. Lohman
First, understand the winners:
Lawyers LOVE the system. They bill the company $500-$1000 per hour to make it all work.
Big companies LOVE the system, because they essentially own the market after paying their dues. And they lock out little companies.
Politicians LOVE the system, because part of those dues are kicked back to them (in the form of campaign bribes).
That the companies want the process to drag out says a lot, because any infringement penalties start from Day One. So if 10 years are consumed getting the final approval, it’s a 27 year patent instead of 17 years.
You guessed it; this is a big company against little company ploy, with the little company being less able to afford a legal defense in the event of a frivolous claim.
And is it any surprise that the politicians get a piece of the action??? They are in on the ploy and are given campaign bribes to keep it going!
Look at the pharmaceutical industry!!!
First, the drug company goes to their favorite politician with some wild claim, that they can cure this or that if the Feds would just give them a grant to develop their drug. And their favored politician gets them taxpayer money, and they develop said drug.
THEN the government issues THE COMPANY the patent on the drug developed with taxpayers funds, and they go to market and SCREW the taxpayers that paid the bill!
That the Vioxx product was developed with 9 of the 15 panelists that approved it being on the company’s payroll as consultants is not the (major) crime… it’s that our politicians refuse to block such conflicts of interest!!! (All for a piece of the action, mind you.)
No, the Supreme Court just ruled against such patents, and properly so. “Genes” are pre-existing technology. Unpatentable!
It’s a nice system, thanks to the laws the politicians got bribes to pass. Sound like political crooks? Yea, eliminate the campaign bribes and reasonableness will set in.