Bipartisanship Opportunity: Undoing Obama Policy - Is Excellent Policy
A Rare Creature, Indeed
Way back in January 2009, we said an enterprising Republican presidential aspirant should immediately announce his/her run.
And say his/her ongoing, rolling platform would be “Undoing everything President Barack Obama is about to do.”
God bless Donald Trump. In 2009, he wasn’t within a million miles of a presidential run. But run he did in 2016 - and he won.
And his administration’s ongoing, rolling platform…has been undoing everything Obama did.
Trump’s Obama un-agenda - was almost immediately noticed by the Media-Left who loves Obama…and loathes Trump.
The Media-Left spent the first year-plus incessantly whining about Trump undoing Obama.
Then Trump undoing Obama - worked. The economy soared.
The Media-Left then induced whiplash everywhere - by trying to claim Trump’s economic success…was due to Obama’s policies. The policies the Media-Left - had just spent a year-plus incessantly whining Trump was undoing.
Which tells us (at least) two things.
The Media-Left is titanically hypocritical and dishonest.
And undoing Obama is excellent policy.
Which brings us to the Obama Era assault on Intellectual Property (IP) and its protection.
When Obama entered the White House, the US was consistently #1 or #2 on the global list of IP protection and creation.
Just after Obama left office - we dropped out of the top ten.
The Trump Administration has done about as much as it unilaterally can to undo Obama. US Patent and Trademark Office (USPTO) Chair Andrei Iancu - has been a fabulous champion of IP and a fastidious undoer of Obama USPTO policy.
But most unfortunately, Obama Era Republicans in Congress joined with Obama in legislatively assaulting IP and its protection. Which means Congress is needed - to continue to undo the Obama Era damage.
In 2013, Republicans helped Democrats pass - and Obama happily signed - the exceedingly awful America Invents Act (AIA):
“Named for its lead sponsors, Sen. Patrick Leahy (D-VT) and Rep. Lamar Smith (R-TX), the Act switches the U.S. patent system from a ‘first to invent’ to a ‘first inventor to file’ system, eliminates interference proceedings, and develops post-grant opposition.”
Because Congress infected US with AIA - Congress must act to inoculate US from AIA.
I know what you’re thinking:
The Democrat-majority House managers were most recently seen in the Republican Senate - in the tail end of their attempt to impeach Trump.
Imagining successful bipartisanship in this atmosphere is…difficult.
But we just in bipartisan fashion passed the US-Mexico-Canada (USMCA) trade agreement.
And on undoing Obama and Congress on IP protection - bipartisan passage ain’t nearly as long a shot as you might think.
Get that? Two sponsors - one from each Party. The bill is born bipartisan. Here’s a little more good Congressional news:
“(T)he Inventor Rights Act has been accepted by the House Intellectual Property Subcommittee.”
Again - that’s the DEMOCRAT-majority House.
On the merits, the bill is a bunch of REALLY good Obama-undoing ideas.
“While the Inventor Rights Act is directed at a subset of patent owners feeling the brunt of changes to the patent system wrought by Congress and the federal judiciary over more than a decade, the bill does go a long way in correcting the situation for those individual inventors who are likely to have the fewest resources to enforce their patent rights.
“Anyone who has despaired at the response of D.C. lawmakers to the decline of the U.S. patent system will likely be encouraged by the bill’s acknowledgment that the promises of the Constitution’s Intellectual Property Clause are ‘no longer attainable’ for inventors.
“After years of patent troll rhetoric wrecking the U.S. patent system, it’s refreshing to see a piece of legislation reference both the legal struggles of legitimate inventors as well as the ‘efficient infringement’ business model ‘whereby large corporations infringe patent rights held by inventors without concern for any legal consequences.’”
Almost undoubtedly the greatest news of all?:
“Under this bill inventors who own their own patent will be permitted to opt out of Patent Trial and Appeal Board (PTAB). Accused infringers will have the right to challenge validity in a regular court of law, which is how the U.S. patent system worked for our first 190 years.”
The PTAB - is an exceedingly terrible idea.
The USPTO - exists to award patents. The PTAB was installed in the USPTO - to kill patents.
It’s as if the USPTO says “Congratulations - here’s your patent.” And then turns right around and says “Just kidding - your patent isn’t actually a patent.”
And the PTAB game - is rigged for the Big Thieves…against the Little Guy Inventors.
The Big Thieves can file tens (hundreds) of slightly-differently-worded PTAB challenges - each of which costs the Little Guy Inventor about $200,000 to fend off.
Far too often, the Little Guy is litigiously swamped into surrendering his patents.
And even when the Little Guy can afford to fight - far too often he gets killed by the PTAB.
“In analyzing the 404 final written decisions to determine the success rate for getting the challenged claims instituted, we found that in 76 percent (306 of 404) of the cases, all challenged claims were instituted.”
Three times out of four - the patent-holder loses.
No wonder we dropped out of the IP creation global top ten.
Oh - and then there’s this:
You are having the Executive Branch - pretend to be the Judicial Branch. That’s a bit of a constitutional problem.
I’d like to kill the PTAB. This bipartisan Inventor Rights Act bypassing it - is the next best thing.
Is the bill a sure thing? Heavens no. Nothing in DC is. But a spokesman for Congressman Davis said:
“We think that there are members who are open-minded to this, although there’s probably a lot of work left to be done before it’s going to become law… It seems clear that there’s an impetus to do something about these issues and we’ll be looking at how to shape the bill to give it the very best chance at passing into law.”
As we’ve seen on USMCA - and even impeachment - bipartisanship is still possible.
And we’re in an election year. Which means there are a bunch of elected officials - looking to run for re-election on…you know, actual, life-improving legislation. Rather than on Trump removal and rancor.
Which bodes a little better still for something like the Inventor Rights Act.
It’s already a bipartisan bill.
Let’s make it a bipartisan law.
This first appeared in Red State.