Stop Inventing

Patent Prospector:
Patent attorney Darin Gibby
has penned a perspective crucial to anyone concerned about patents in
this country: Why
Has America Stopped Inventing?
As introduction, though
comprising the bulk of the book, Gibby covers some of the major patent
battles in the earlier part of U.S. history, developing the vector that
answers the
question posed by the title.
Thomas Jefferson, Eli Whitney, Samuel Morse, Cyrus McCormick,
Charles Goodyear, Henry Ellsworth, Sam Colt, Isaac Singer, the Wright
brothers and others populate Gibby’s book. The demise of invention in
this country is told by historical antecdote, by the struggling
successes of earlier days.
The losses in these times are not covered – the theft of
intellectual property by the largest corporations of their day, such as
General Motors, Eastman Kodak and Microsoft, are not written of. Gibby
is a practicing attorney, in a firm where such specificity about extant
corporations would be
impolitic. And so he is silent.
But Gibby gives the gist of the current regime that crushes
individual invention.

The patent system is too unfavorable, and few individual
succeed… Although this country gives lip service to helping out the
little guy, the truth is that those in power don’t want to deal with
the little guy.

Gibby does not go so far as to chronicle the corruption of the
courts, but only suggests that Obzilla, the obviousness rampage
unleashed by KSR, is working well for its taskmasters.

The end result is that today we award patents to only the
wealthiest
of corporations with the finacial means to battle with the patent
office.

What is disturbing is that today’s patent rules are so onerous
that
they would invalidate most of America’s greatest patents – the
airplane, the telephone, the transistor, the light bulb, the electric
motor, the phonograph, Marconi’s …