The “first-to-file” provision is a radical change that exceeds Congress’s power under the Constitution. It robs inventors of the right to their intellectual property and transfers it to large companies and others who can win a race to the patent office. Article I, Section 8, Clause 8 directs Congress to “secure” patent rights in the inventors of discoveries. Patent rights arise from ingenuity and hard work, not from paper submissions and government-granted privileges. Learn how H.R. 1249 – the America Invents Act – would violate the Constitution, hurt innovation and cost American Jobs! The “first-to-file” provision grants powers not enumerated by the U.S. Constitution.  H.R. 1249 would overturn 220 years of settled practice by giving patents not to the actual inventors of discoveries but to the winners of the race to the patent office. The bill’s approach was rejected by the Constitutional Convention and by the First Congress, in which

A dangerous bill is coming up for vote in the House of Representatives very soon.  House Resolution 1249 – the “America Invents Act” – will do the opposite of its title and kill innovation in America.  This issue – patent reform – may sound like it has nothing to do with you and most other Americans, but the truth is – if H.R. 1249 is passed, it will strangle job creation for all of us. We must unite our voices and call our Congressmen and women today to tell them to vote “NO!” on H.R. 1249. Click here to find contact information for your Representative. This is a critical issue and if we don’t act now, it will be too late. Why every American should care about H.R. 1249 and tell Congress “NO!”… If you are a student, your chance of finding a job after graduation will be crushed by

Is the Constitution for Sale? Ask the supporters of H.R. 1249 - they’re the ones trying to buy it! The U.S. Constitution is not for sale! Vote NO on H.R. 1249! The jury is in: H.R. 1249, the so-called “America Invents Act,” violates the U.S. Constitution!

Section 18 of H.R. 1249 Would Bail Out Banks And Expose The Treasury To Billion-Dollar Liability Section 18 of H.R. 1249 establishes a special “Transitional Program for Covered Business Method Patents,” which would create a special class of patents in the financial services field subject to their own distinctive post-grant administrative review. “Covered business method patents” are defined as patents that claim “a method or corresponding apparatus for performing data processing or other operations used in the practice, administration or management of a financial product or service, except that the term does not include patents for technological inventions.” Section 18 creates an extraordinary review procedure to would allow banks and other financial services companies to challenge the validity of patents that are the basis of infringement actions against them. This provision supplements the two re-examination options already available to every other patent holder — the ex parte process, in which

  A Textual and Historical Analysis I. The First-to-File Provision in the America Invents Act (S. 23 & H.R. 1249) The America Invents Act of 2011 will radically overhaul the American patent system. Already passed by the Senate on March 8 in vote of 95-5 and recently voted out of the Judiciary Committee in the House and awaiting a floor vote, this “patent reform” legislation will substantially change the American patent system in both substance and procedure. One of its most important substantive changes will be the elimination of the uniquely American approach in securing property rights in inventions to only their first and true inventors (the “first-to-invent” system). Section 2 in the Senate (S.23) and the House (H.R. 1249) versions of the America Invents Act will replace the first-to-invent system with the one long enforced in England and in other countries: the first person to file for a patent receives the

  Is Unconstitutional - Will Hurt Innovation - Will Cost U.S. Jobs -Discriminates Against Small-Entity Inventors – Makes Unjustified Changes to Patent Law - and MUST BE STOPPED!   Overview On April 14, the House of Representatives Committee on the Judiciary approved H.R. 1249 (the America Invents Act, also known as the Patent Reform Act of 2011) and sent the bill to the House floor. The House should not approve the bill. First, the bill contains an unconstitutional “first-inventor-to-file” provision that would change over two centuries of well settled patent practice. For 220 years, our system has successfully operated according to the Constitution’s premise that only the first actual inventor of a discovery is entitled to a patent, so long as all of the other patentability requirements are met. The bill would change this time-tested system. It would award patents not to the actual inventors of genuine discoveries but rather to the first filers to

In the 1950s, 30% of Federal revenue was generated from corporate taxes – today it is a shockingly low 6.6%.  It’s no wonder then that we have a $6 trillion deficit while a growing number of American corporations are showing billion dollar surpluses. GE has spent roughly $200 million (yes 200) over the last decade lobbying for – and getting – tax law changes that result in its zero sum tax liability. Len Burnam, former Treasury department official and now a scholar at the nonpartisan Tax Policy Center says, “…in our system, there are corporations that view their tax departments as a profit center, and the effects on public policy can be negative.” Following is a roster of corporations that are profiting hugely, paying no taxes, and in some cases, scoring refunds to boot. We have cross-referenced these companies to the list researched and published by CNN of companies they

Patent reform is good business for big companies, but bad for America.  For years a roster of companies has been pushing for the “America Invents Act” (H.R. 1249).  These companies fall into several categories based on their industry and motivations. Many patent reform pushers have organized themselves into well-funded coalitions that are lobbying hard for their agenda.  Lobbying is expensive and these companies – all household names – are throwing many millions of dollars into the fight, both directly and through the coalitions.  While they are spending millions trying to cripple the patent system, these same companies are laying off Americans even as their profits are flourishing.  They are then plowing millions into outsourcing jobs and building factories and offices in Asia and South America. CNN prepared a roster of companies that their research indicates are “Exporting America.”  Lou Dobbs says “These are U.S. companies either sending American jobs overseas,

A bill to reform the U.S. patent system – the “America Invents Act” (S. 23) – has passed the Senate and is headed for a vote in the House (H.R. 1249).  This bill will drive more unemployment, send more jobs overseas and make it easier for foreign firms to pirate our technology and infringe U.S. patents. Please consider the consequences of the “America Invents Act” (H.R. 1249) and call your Congressman today. Tell them to “Say NO to the America Invents Act (H.R. 1249).” If passed, the “America Invents Act” (H.R. 1249) will: Cut more U.S. jobs – 28 million Americans are either unemployed or unemployed Make it easier for foreign manufacturers to pirate U.S. innovations Decrease U.S. job opportunities and send those jobs overseas Cripple small businesses that are creating much-needed jobs Destroy the innovative spirit that has made America great Drive more manufacturers overseas – more than 50,000