America First: Trump Must Defend Intellectual Property Here Too
God bless President Donald Trump and his Administration for all they are doing to protect Intellectual Property (IP) from the world’s wolves.
Of course the largest of all the wolves - is China.
But the world’s wolves are everywhere.
The purpose of all of these right, righteous, long-overdue global corrections - is to restore American prominence and preeminence.
We’re renegotiating trade deals with China, the EU and the likes of the North American Free Trade Agreement (NAFTA). Because they cost us millions of manufacturing jobs - and we want those jobs back here in the US.
We’ve reduced regulations and taxes here - to make even more attractive businesses locating, relocating and returning to the US. The recurring theme is - better US policy means better US economic outcomes.
We’re demanding global corrections on IP theft - because we want IP creation here in the US better protected. But what’s thus far been only slightly addressed - is the domestic IP policy course correction.
The Trump Administration inherited a metric ton of awful IP policy from the Barack Obama Administration - and very disappointingly from the Obama-era Republican Congress.
The Obama Administration unilaterally, actively attacked IP from every direction of which they could conceive. Including the obnoxious and very bizarre new angle - strip mining IP via antitrust laws.
“The (Obama) FTC is suing Qualcomm under anti-monopoly antitrust law - for holding patents….
“(T)he government’s (United States Patenet and Trademark Office) USPTO did its Constitutional duty - and issued ‘inventor’ Qualcomm an ‘exclusive Right’ to its ‘Discoveries.’
“And then the government’s FTC sued ‘inventor’ Qualcomm under anti-monopoly law - for exerting its ‘exclusive Right’ to its ‘Discoveries.’
“One arm of the Leviathan actively undermining what another arm is doing.
“That’s not obnoxious at all.”
Obama’s illegal anti-IP innovation - went rapidly global. The world’s wolves LOVED it.
That obnoxious record - didn’t last very long.
And THAT obnoxious record - didn’t last very long.
The Trump FTC needs to stop action on this holdover Obama FTC obnoxiousness. And the Trump Administration needs to do whatever it can to stop this global antitrust IP nightmare mess the Obama Administration created.
Another awful domestic IP mess - was created by in part by Congress.
“Obama signed a ridiculous, ridiculously-Republican-sponsored law woefully misnamed the America Invents Act.
“Almost inarguably the dumbest portion thereof – was the creation of the Patent Trial and Advisory Board (PTAB).
“The US Patent and Trademark Office (USPTO) exists to approve IP. PTAB has turned the USPTO on its head – into an entity that murders IP.
“The USPTO goes through an exhaustive and years-long process prior to approving patents. USPTOs PTAB destroys the patents the USPTO just exhaustively researched and finally approved – in just a few days or weeks.
“Worldwide, renowned, massive patent thieves like Google – would rather steal patents than pay the Little Guy Inventor for them.
“The PTAB has been VERY helpful with the heists. The vast majority of PTABs rulings have been for the worldwide, renowned, massive patent thieves like Google – and against the Little Guy Inventor:
“‘The USPTO’s most recently published IPR statistics show that the odds still greatly favor the patent challenger.’
“A single PTAB challenge costs each side at least $200,000. For a Little Guy Inventor – that’s a LOT of coin. For a worldwide, renowned, massive patent thief like Google (Market Cap: $698 billion) – that ain’t nothing.
“Which is why worldwide, renowned, massive patent thieves like Google use PTAB – rather than pay the Little Guy Inventor. It costs them relatively nothing. And they win way more often than not.
“Oh: And should the stars align and the Little Guy Inventor actually win a challenge – the worldwide, renowned, massive patent thief like Google just tweaks the wording and files a ‘new’ challenge. And another. And another. And another….
“Or a gaggle of worldwide, renowned, massive patent thieves like Google – coordinate to unleash an avalanche of PTAB challenges down upon the Little Guy Inventor.”
All of which certainly sounds helpful to US domestic IP creation. Well, not really:
No surprise. We’ve made it very ugly for IP creation here. Shocker - IP creators are leaving here.
What Congress has wrought - Congress must put asunder:
“Most importantly, we need to kill PTAB. This Congress’ bipartisan STRONGER Patents Act – does that.”
President Trump must apply the IP-protection diligence he’s so excellently applying internationally - here at home.
He must stop all holdover Obama Administration unilateral anti-IP actions.
And he must demand Congress pass the STRONGER Patents Act. And not stop demanding it - until they do.
We’ve lost lots and lots of IP creators and creation here in the US.
Trump is doing lots and lots to rectify this internationally.
He must work just as hard to ensure the US is again for IP creators a warm and welcoming place.
This first appeared in Red State.