Most Americans are quite enlightened that our rights as We the People have eroded.

There is one right many, if non most, people are unaware of that is being shredded on a daily basis. That correct is spelled out in Article I Section 8 Clause viii of our U.S. Constitution.

It is the right of authors and inventors: "To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Correct to their corresponding Writings and Discoveries."

That clause is, in reality, a significant and powerful part of the American Dream. That Intellectual Property clause has provided the ways for people from all walks of life, who have a brilliant and useful idea, to capitalize on their innovations and creations.

For more than than two hundred years that idea which our Founders embedded in our Supreme Police force of the Land for inventors and patent holders held truthful, for the almost function.

To provide some backstory: the U.S. Patent and Trademark Function (USPTO) has numerous Patent Examiners who take been highly trained in their areas of expertise. When a patent application is submitted to the USPTO, the assigned examiner might spend a year or two, maybe a decade, determining if the invention has not been created or described in prior patents (i.e., no 'prior art' similar it exists) and that it is 'non-obvious' (i.east., it would non be obvious to someone in that field).

Based upon their exhaustive review the Patent Examiner would then either issue the patent or reject it. Co-ordinate to recent USPTO statistics, only 52% of all patent applications have been canonical.

Once the inventor brought their production to market, if someone infringed on their patent, the patent holder engaged an Intellectual Property chaser and took the offender to court.

Then, forth came the America Invents Act of 2011 (AIA).

That innocent sounding piece of legislation included the establishment of the Patent Trial and Appeal Board (PTAB), an administrative tribunal that has devastated independent inventors in favor of Large Tech and multi-national conglomerates, assuasive the latter to legally steal patents, their property rights.

The PTAB tribunal consists of a panel of Administrative Patent Judges (APJs) who are not real judges. They are, for the well-nigh part, attorneys whose main experience is in police rather than in the technologies or specifics of the patents they are "judging."

There are PTAB supporters who claim that the "AIA created an culling process involving trained patent judges." Trained patent judges? A whopping 76% of APJs accept two years or less of technical experience, and 60% take Aught tech experience (2019).

Yet, these "trained patent judges" regularly overturn the piece of work of the highly experienced USPTO Patent Examiner(s), regardless of how long a patent has been in effect, nor how original and unique information technology was when it was first discovered.

It should be pointed out that the USPTO now appears to be a two-headed monster. On the one manus, the USPTO employees over eight,000 Patent Examiners who are researching, reviewing, analyzing and and then, basically, creating a valuable product; the issued patent. On the other, it too employs less than 200 APJs who are destroying those very aforementioned products in contested and very lopsided proceedings.

The result has been catastrophic. PTAB APJs have invalidated 84% of the three,000+ challenged patents they have reviewed. They have rightfully earned the nickname: the Patent Death Squad, a term coined past former Federal Circuit Primary Judge Randall Rader, back in 2013.

Patent Death Squad - Invalidated PatentWhile the charge per unit of patent invalidation is insane, so are many of the reasons provided by the APJs. Supporters of the PTAB state things such as the IPRs "handle the perceived high number of flimsy patents issued by the patent office in prior years."

It would be interesting to hear a PTAB supporter explain a few examples below.

Emmy award-winning inventors Glenn Sanders and Howard Stark are pioneers of digital wireless microphones and built their visitor Zaxcom in reliance on their U.S. patents. Their competitors take infringed their technology and the PTAB is helping them by declaring their invention obvious 14 years later on the fact. The PTAB immune the combining of a backpack with thousands of pounds of equipment and batteries to be comparable to a minor device hidden on an role player's person, thus making information technology obvious.

Apple tree refused to pay inventor Marking Kilbourne for his remote control deadbolt, so they requested the PTAB to revoke his patent. The APJs did so and ruled that information technology "would take been obvious" to combine an old-manner deadbolt with a Swiss regular army knife to create the remote.

David Hirsuite invented a leak detection system providing a highly-effective way to detect and view otherwise invisible toxic gas emissions. A large corporation stole his thought and filed with the PTAB to invalidate his patent. The APJs did but that. Even though David's invention detects well-nigh invisible gas leaks that produce a near zero temperature betoken, the PTAB stated that his applied science was equivalent to a thermal imaging device that detects jet engine exhaust at over one,000 degrees, thus obvious.

The list of absurd reasons for patent invalidations goes on and on.

Many of these cases involve an independent inventor with the adjacent "best mousetrap" whose invention was stolen by a large corporation that could not create or develop – in their highly funded Enquiry & Evolution labs – what the original inventor discovered, oftentimes in a garage or make-shift workshop.

Some other statement supporting the AIA and PTAB is, "A patent office review costs near $350,000 to litigate fully, whereas in commune court it could be $3 meg." The $350,000 is, actually, depression. Withal, the larger point is that those proponents neglect to mention that a single patent can have every bit many every bit 10 or 20 IPRs filed confronting information technology, EACH of them costing $350,000 to $500,000. Now, do the math. And, don't forget that APJs practice not let due procedure, as provided in a district court. How much is that worth?

Thus, our once successful patent organisation, which helped grow the American economy for more than than two centuries, is systematically being destroyed. The AIA and the PTAB accept killed patent rights and, with that, are ravaging the American Dream.

US Inventor Inc is a 501(c)4 not-turn a profit system based in Tampa Bay, Florida, with the purpose to end anti-inventor patent reforms, legislation and courtroom decisions, while advocating for strong patent rights for inventors, as our Founders had intended and planned.

Members and supporters of US Inventor include tens of thousands of actual inventors, many of whom have lost their own patents, besides as experienced extreme fiscal loss, through the Patent Death Squad, also as American Citizens who wish to come across these creative innovators recover their constitutionally guaranteed rights.

The grouping points out that the astronomical patent invalidation charge per unit past the PTAB is done without lifetime appointed judges (violating the Appointments Clause), and, that patent owners do non receive a trial by jury, nor any grade of existent due process, as the APJs proceed to strip them of their property (violating three points in our Fifth Amendment).

Suffice to say, America will be a much meliorate country and the American Dream will be restored when Article I Section 8 Claude viii is returned to its original intent.

Patent Death Squad - Article 1 Section 8 Clause 8