White House May Name Patent Reform Opponent As New Head of Patent Office 211
An anonymous reader writes The Obama Administration is set to appoint Phil Johnson, a pharmaceutical industry executive, as the next Director of the United States Patent and Trademark Office, according to sources. The move is likely to anger patent reform advocates given Johnson's past efforts to block legislation aimed at reining in patent trolls, and in light of his positions that appear to contradict the White House's professed goal of fixing the patent system. The top job at the Patent Office has been vacant for around 18-months since the departure of previous director David Kappos in early 2013. Currently, the office is being managed by former Googler Michelle Lee, who was appointed deputy director in December. Earlier this month, Republican Senators led by Orrin Hatch (R-UT) sent a letter to President Obama that praised Lee but that also described the current USPTO management structure as "unfair, untenable and unacceptable for our country's intellectual property agency."
Classic Obama (Score:5, Informative)
Is anybody surprised? Claim to support Net Neutrality and give the power to the Cable lobby. He's done this before and he'll do it again. Hypocrite-in-chief.
Re:Classic Obama (Score:5, Funny)
You only hate hypocrisy because you are racist.
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Us Lefties are the only ones in our right mind!
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This does lead to an interesting question... and not a troll, I promise:
Now mind you, I'm not saying that suddenly everyone should vote Republican (I'm registered as "no party" in my own state), but I want to know how the folks who support the President no-matter-what can continue the cognitive dissonance and devotion to the guy in spite of crap like this (and much, much more). We see a lot of it even here on /. , so I think it's relevant. Even towards the end of the Bush years, you never saw this level of
Re:Classic Obama (Score:5, Insightful)
It's really simple. I do not think Obama is perfect and wonderful. But I think he is less harmful than Bush Junior was, because he's competent. He gets things done. I don't like everything he gets done, but he is the head of the executive branch, not the legislative branch. It's his job to get things done.
Expecting the president to change laws is treating him or her like an autocrat: a king. The president is not supposed to make policy; he or she is supposed to implement policies made by congress and the courts. What sucked about Bush was that he thought it was his job to "lead the nation" and he did a piss-poor job of it, with Congress' help.
We really need to get over our collective feudal attitude toward the presidency. The founding fathers understood that the president was not a king; George Washington famously refused to be named king. Why have we forgotten this principle?
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He just said today he was going to unilaterally start changing immigration policy. He's been behaving like an autocrat for quite some time now. Your X is bad therefore Y is good logic does not work, they're both the wrong lizard.
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No, you're not getting me. I am not saying Obama is good or Obama is bad because of his good or bad qualities as an autocrat. I am saying he is good because of his good qualities as an executive. The stuff he's doing as an autocrat I sometimes agree with and sometimes disagree with, but it shouldn't be something he has to do as an autocrat. Congress should be doing the right thing, and it's not. We could debate the merits of the various executive orders he's given since he came into office; I cert
Re: Classic Obama (Score:3, Insightful)
If the laws don't change then it's Obama's job to implement them as written - not decide that things need to change and carry out his own ideas. He may even be correct in that assessment but he does not have that power under the Constitution, so such actions are illegal. Do nothing Congress? Too bad, embarass them on prime time or whatever it takes to change things legally. It may well suck, but that does not change the rules. I realize he's been doing it anyway, so the point is merely academic.
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Obama actually wasn't in favor of passing "Obamacare." That was Pelosi. Obama very nearly decided not to bother. Get your history straight. Obamacare is one of the most recent examples I can think of of Congress doing its job. And if you think I'm an Obama shill, you are just looking for a fight, because I agree with Obama about half the time at best. I'm sure you can find a better Obama shill without looking too far.
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Because, sadly, the alternative would have been worse. Do you seriously think Romney wouldn't have done exactly the same, at least as for as Network Neutrality and Patent Reform are concerned?
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Easy. Because Republicans put the idiots on the Supreme Court that just decided that your employer can dictate what kind of birth control you use your health insurance to buy. That's right - YOUR health insurance. The insurance that you received from your employer in lieu of cash to buy your own - which would be an even worse deal, since the insurance companies still only offer their best group plans to employers. And while Obama deserves at least some of the blame for letting insurance companies dictat
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Don't forget the rest of the bad ones:
FCC chair Julius Genachowski - law school buddy and media conglomerate VP
as you mentioned, Tom Wheeler - long time fundraiser, Cable industry lobbyist
US Food Safety Czar and former Monsanto VP Michael Taylor
US Treasury Secretary Jack Lew - Citigroup executive during the $45 billion bailout
Commerce Secretary Penny Pritzker - chief fundraiser during his campaign in 2008, her family businesses were being sued by IRS for using illegal tax shelters overseas, investigated for
Re:Classic Obama (Score:5, Insightful)
Is anybody surprised? Claim to support Net Neutrality and give the power to the Cable lobby. He's done this before and he'll do it again. Hypocrite-in-chief.
I don't know what the hell to think about Obama anymore. The guy we elected was smart, charismatic, capable, articulate; he ran a brilliant campaign that took out the heavily favored Hilary Clinton. He came across as a man with the intelligence, principles, and pragmatism to fix the nations problems... or at least not fuck it up as catastrophically as George W. Bush did. So where the hell did that guy go?
I remember the early Obama speeches when he wasn't just a speaker but an orator, he the fire of a black preacher... he had conviction. That was the inspiring thing about him. Yeah it was pretty words, but he seemed to really believe it. Now he just seems to mouth the speeches, like they're just empty words put there by his speechwriters. At times when people ask him questions he seems barely able to articulate an answer and to fumble for words... more and more, he's that barely-keeping-it-together guy we saw during the second debate against Romney. He seems dejected, run-down... and increasingly it seems like the administration can't do a damn thing right. They're as bad as Bush ever was on drone strikes and warrantless surveillance- worse, in fact- Guantanamo isn't shut, the VA is a clusterfuck, Iraq is falling apart again, the response to the Crimea was half-assed... and now this?
I still like the guy, as a person. I think he means well. But I get the impression that he's burned out, disengaged and depressed, that he spends his days staring at the ceiling of the Oval Office and counting the days until his Presidential Library opens and he gets to take lucrative speaking gigs. And that meanwhile, with the Commander in Chief checked out, the various special interests and agendas are having a field day, and doing what they do best- turning government of the people, for the people, and by the people into the plaything of moneyed special interests, the uber-rich, and the military-industrial complex. Anyway, that's my theory. I think he means well, and he came in trying to fight the machine, but it was one man against an entire machine. And the machine ultimately broke him.
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I don't know what the hell to think about Obama anymore. The guy we elected was smart, charismatic, capable, articulate; he ran a brilliant campaign that took out the heavily favored Hilary Clinton. He came across as a man with the intelligence, principles, and pragmatism to fix the nations problems... or at least not fuck it up as catastrophically as George W. Bush did. So where the hell did that guy go?
Same guy... what you saw was an act, and millions of people fell for it hook, line, and sinker. Now, since he's in his second term and Congress is unlikely to grow the cojones to impeach him, he simply doesn't care.
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I don't know what the hell to think about Obama anymore. The guy we elected was smart, charismatic, capable, articulate; ....
A big part of the problem is he wasn't actually 3 of those 4 things. He read teleprompters really well, but anytime he responded off the cuff, he was a stammering fool. The media did a good job of covering for him.
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The guy we elected was ...
No he wasn't. You made the mistake that most people make, which is listen to what they say rather than observe what they do.
His voting record told you everything you needed to know. The least deserving of a right to complain now are the people that didnt care about the easily discoverable facts about Obama that were not only discoverable by the ordinary man looking at the public record (which is available online) but also covered extensively by what I guess you would have called "partisan sources."
Ha Ha Ha (Score:4, Insightful)
"The guy we elected was smart, charismatic, capable, articulate; he ran a brilliant campaign that took out the heavily favored Hilary Clinton. He came across as a man with the intelligence, principles, and pragmatism to fix the nations problems"
I'm going to type something that will seem a slam against Obama, but that's really not my point (I'm not a fan of most politicians), read the whole post:
Where was the evidence for ANY of that? You were propagandized. All the democrat-run news networks told you he was "brilliant" and you bought it even though he sealed all his academic records (unlike all previous candidates) and you've still never seen them. The same people told you he was "capable" even though he'd never run ANYTHING, never been responsible for ANYTHING, never held a job that required ANY productivity or creativity. Now when he is unable to get things done, he blames the Republicans and those same news outlets help him (even though MOST presidents have had to deal with opponents in congress) Articulate? Have you ever seen him without a teleprompter? Sure all those same biased sources gushed about how "articulate" he was... but what was the true evidence? He stumbles and stutters like crazy without a teleprompter and even uses them to address elementary school kids (liberal Democrats ridiculed VICE Presidential candidate Palin for scribblying several words on her hand before giving a half-hour long speech without teleprompters). Was his campaign over Hillary TRULY "brilliant" or did she run a poor campaign (as she appears to be doing again) and was she jettisoned by a Democrat-leaning press that found a candidate it preferred to support? (Reminders: Hillary claimed the fairest coverage she got in 2008 was on Fox, and Bill is still bitter and said Obama "played the race card" against him and Hillary). As for "good intentions"... as the old saying goes: "The road to hell is paved with good intentions". George Bush and his supporters would say HE had "good intentions"...
My point is that people are easily manipulated, and the techniques politicians and their armies of advisors and campaign staff use are becoming increasingly sophisticated. Obama's own team brags about their "mirco-targetting" and other campaign breakthroughs (which, if you THINK about it are all just ways of manipulating people). The problem is made worse when 9 out of 10 journalists in the US have repeatedly admitted to being aligned with the Democrats. When that combined propaganda machine "kicks-in" and works on behalf of one person (no matter the skin color, gender, etc) the population is sadly ill-equipped to see through the marketing smoke screen and ask questions about actual abilities, actual qualifications, etc. Obama had NO applicable resume for the Presidency (and Hillary's was just as thin (former First Lady, and recipient of a donated Senate seat). Those two 2008 candidates did NOT have the qualifications of an FDR, a JFK, a Reagan, and LBJ, etc. and no amount of PR and friendly news coverage could cure it.
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As an outsider - Canadian - I see all of the things you describe. I think your theory is very likely right. Obama wasn't a twisted politician when he started. He had an agenda that was mostly in the favor of the average Joe. The problem I have with professional politics is that I realize you have to compromise to get anything done. If you want Bill A to be passed, you need the support of a lot of other people, and you may need to support Bill B to get the job done, though you don't
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The guy we elected was smart, charismatic, capable, articulate; he ran a brilliant campaign that took out the heavily favored Hilary Clinton
None of the above. Other than those who were on Bill's payroll, Democrats desperately wanted an alternative to Hillary because they knew she was unelectable. Obama is the product of a $1B marketing campaign, nothing more.
Obama (Score:5, Insightful)
At first I was fooled. Copyrights. Patents. Guantanamo Bay. What is it with this guy.
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At first I was fooled. Copyrights. Patents. Guantanamo Bay. What is it with this guy.
Don't get too upset. Considering how much Congress works against the People's interests, the status quo is looking a lot safer than reform at the moment.
Re:Obama (Score:5, Interesting)
I don't think you can blame him for Guantanamo -- he's been blocked by Congress on that one: http://www.politifact.com/trut... [politifact.com]
If you want to complain, you'll have to find some that you can actually blame on him ... luckily, you have lots to choose from : http://www.politifact.com/trut... [politifact.com]
(and this is why when I ran for office, I only made one promise -- that I'd give fair consideration to everything put before me ... which meant I once had to abstain from a vote when I found that some complaints had been withheld, as I couldn't research if they were legitimate complaints or not)
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I don't think you can blame him for Guantanamo -- he's been blocked by Congress on that one: http://www.politifact.com/trut... [politifact.com]
If you want to complain, you'll have to find some that you can actually blame on him ... luckily, you have lots to choose from : http://www.politifact.com/trut... [politifact.com]
(and this is why when I ran for office, I only made one promise -- that I'd give fair consideration to everything put before me ... which meant I once had to abstain from a vote when I found that some complaints had been withheld, as I couldn't research if they were legitimate complaints or not)
Like fucking hell we can't. He can't wait to go "extra-Constitutional" in other matters in the face of Congressional disapproval. Hell, at least with Gitmo being a military base he could always claim he's Commander-in-Chief. But noooo, he's ignoring that for this kind of wag-the-dog crap:
Obama to take executive action on immigration [cnn.com]
At a hastily scheduled Rose Garden appearance, Obama said House Speaker John Boehner told him last week that the chamber's GOP majority he leads will continue blocking a vote on a Senate-passed immigration bill.
In response, Obama said he was starting "a new effort to fix as much of our immigration system as I can on my own, without Congress," adding that he directed his team to recommend steps he can take this summer and that he would then act on those steps "without delay."
"The failure of House Republicans to pass a darn bill is bad for our security, is bad for our economy, is bad for our future," the President said. "America cannot wait forever for them to ask."
It's all about narcissistic grandstanding with this arrogant popinjay - and he needs a distraction after getting bitch slapped in the past week by the Supreme Court 9-0 for
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Hell, at least with Gitmo being a military base he could always claim he's Commander-in-Chief. But noooo, he's ignoring that
actually, no, he isn't ignoring it. in one of his first acts as president he signed an executive order to close gitmo.
https://en.wikipedia.org/wiki/... [wikipedia.org]
he did this January 22 2009
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So... why is it still open?
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There is nothing wrong with this guy. They put documents on its desk, and he signs them. He is not running the show, like all the presidents in history. He is just a good figure.
ObamaNation (Score:2, Insightful)
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I think you forgot the NSA, how they went after Snowden, NOT going after the bankers, and drone strikes against American citizens.
I think we're all a bit disillusioned with the Obama Presidency. (Though I am VERY glad we didn't elect either McCain nor Romney, IMHO they'd be much much worse based on what they campaigned on).
I think there a few sources for this disconnect. The first, Obama campaigned a lot farther left than how he's governing. You can blame him leading false impressions, or you can blame us
Comment removed (Score:5, Insightful)
Re:Obama (Score:5, Interesting)
Oh you are quite wrong. The ACA (Obamacare) is not a giveaway to the pharmaceutical industry. That would be very low. It is, in fact, a giveaway to the insurance industry. And the lawyers.
The insurance industry and lawyers are like the laws of thermodynamics - you can't win any battles with them, you can't even battle to a draw, and you have to play with them.
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Not to be part of a flame war, but a minor correction. The ACA giveaway is somewhat to the Insurance industry. Instead of doing a Single Payer Government Run payment scheme (which would be cheaper) the "socialist" Obama forced people to pay private corporations. There's a tradeoff here, where they can not exclude on pre-existing conditions and all. Call it Obama realizing that single payer would never pass, call it a giveaway to corporations (as he did in financial crisis) but had nothing to do with pharma
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That would be ok, if we actually got free healthcare...
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Only fools leave estates. It's all in a family trust suckers.
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If it's in a family trust, it's not my house anymore. I just live in it until I die. Suckers.
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Well I got my free healthcare so sucks to be you! haha!
You keep using that word "free", I don't think you really know what it means.
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Sorry, not interested.
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Setting aside $100/mo and dividing the rest by 12, that is over $1200/mo for rent+utilities.
...and groceries, and transportation costs (which in a rural area figures much larger into the budget), and sales taxes (unless you live in Oregon), and...
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It sounds like if you're only making that much per year, you're going to have to settle for the cheaper apartment to live within your means. Spending almost 60% of your income on rent is untenable. And there is always splitting rent with a roommate to cut down on expenses if needed. $300/mo for utilities is outrageous for a single person IMHO.
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Don't worry, the Supreme Court has just ruled that companies have "freedom of religion" and so can refuse some health care if they are religiously opposed to it.
On the bright side, Rastafarian-owned companies will have a ton of applicants.
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LOL. A Rasta with enough motivation to run company!
What's next? A coptic efficiency expert? An Irish peacemaker?
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What's next? A coptic efficiency expert? An Irish peacemaker?
A "religion" selling whatever religious views you want your company to become an adherent to. For $10 million, your company can "believe" that minimum wage is evil, or that dioxin regulations are the spawn of the devil.
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Why does Obama keep doing this? (Score:5, Informative)
It seems like no matter what Obama says, he continues to appoint lobbyists with clear conflicts of interest to important positions rather than actually think about his choices. First it was Tom Wheeler at the FCC, and now a lobbyist and executive for Big Pharma in charge of patents. What causes him to keep doing this?
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The honest answer is, we can only guess.
An answer that's snarky but perhaps accurate is that (a) he said whatever would get him elected, and/or (b) lacks the ability to resist those around him.
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He's a corrupt idiot paying for his time in the white house. Oh sorry saying that automatically makes me a racist right?
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Seeing as I take 100% of my opinion on the man due to his policies and lying to the public, and absolutely none of it from the color of his skin, I was simply pre-empting the "Obama is our Lord and savior, if you don't like his policies you're just a racist" crowd in hopes of ending it there. Sorry you couldn't see it for what it is. It always amazes me that the people who want to ignore skin color and treat everyone based on their actions and policies are the ones labeled racists, while those who want to t
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Have you read slashdot for the last 5 or 6 years?
Have you read other online boards?
It happens on all of them that I have read. Repeatedly.
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Have you been asleep in a cave since 2006?
It's not really that bad these days; a lot of the Obama fans have given up on him (remember the Reddit picture a while back where someone had a huge Obama "HOPE" poster and had put it in a dumpster, and someone took a photo of this and posted it?), however there's still a contingent of Obamabots who still push the "if you don't like Obama, you're a racist!!!" canard which got started during his first campaign.
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you could have just left that out
No. Ridiculing "the race card" is important. Don't leave it out.
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Re:Why does Obama keep doing this? (Score:5, Insightful)
Why is this so hard to understand?
First - dispel from your mind there are two parties called Democrats and Republicans who are polar opposites.
The truth is there are 2 factions (some of each in each of the two parties): oligarchs and representatives.
The oligarchs are people like Dianne Feinstein (D) and Mike Rogers (R). The representatives are people like Ron Wyden (D) and Justin Amash (R).
The oligarchs generally believe in more power for them so they can rule you. They understand they cannot openly come out and say this. Thus, their method of achieving their ends is to propose wildly unpopular legislation which they use to demagogue "the other guy's party" on different technicalities. This creates the boogie man they need to raise campaign funds and scare the people into voting for them rather than the "evil other guy".
Currently the Oligarchs are in the majority in both houses and they have the white house. They are also well entrenched in both the DNC and RNC.
Obama is and always was one of them. The republicans have been screaming this for ages. Most of them though just didn't realize that you were screaming your head off about Bush being like this, that you were right too.
Welcome to having your eyes opened. Join the club.
Ask a silly question... (Score:2)
What causes him to keep doing this?
Money.
But more seriously, this is one of the problems with electing a president with a short political CV/resume. His circle of trust doesn't have the critical mass of folks that can survive a vetting process (any than could have already got their job and gotten out after 4 years), so he has to rely on getting suggestions folks in an extended political operative/Washington insider circle which only knows people looking for a job from the pool perpetual bureaucratic lobbyist ruling class that's pretty much b
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..Obama ..continues to appoint lobbyists with clear conflicts of interest to important positions rather than actually think about his choice... What causes him to keep doing this?
It is because he has not seen it in the news yet.
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..What causes [Obama] to keep doing this?
Maybe this [spectator.org] has something to do with it:
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Probably because he's given a very short list of names and then the advisors point to the name they prefer. Obama is like any other CEO, completely clueless about how the organization really works.
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He keeps doing it because there is a ton of money to be made by lawyers within the current system.
- Fees to create, file, and defend bogus patents
- Fees involved with court cases over bogus patents and patent trolls (some involving negotiated settlements of billions)
- Fees negotiating licensing deals, contracts, and other instruments felt necessary in the over-litigious environment
Remember Obama is a lawyer and all his friends are too, and he (being a Democrat) gets a lot of financial backing from lawye
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Each candidate spent more than a billion dollars in the last election. Where do you think that kind of money comes from?
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Till the Republicans can put forth a candidate that isn't a looney toon the Democrats won't have any incentive to do a thing for this country.
A looney toon would be an improvement. As long as it's not Harper, there are a number of Canadian politicians that would do better than Bush Jr / McCain / Palin / Milt or the rest of the crazies in the Republican primaries. Really guys, if Romney was the absolute best you could do and if anyone is even thinking about Bush III, the democrats are going to win no matter who they stuff up there.
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Wait... You're saying the last Republican president *WASN'T* Elmer Fudd?
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The chief advantage of the constitution is that it's written down, relatively short, and difficult to amend. This means the basis for the nation's laws is not based upon what's currently the big topic this year but rather has a longer term focus. I see too many other countries where the laws seem to be based on a trending topics ("right to be forgotten") without slow deliberation. Yes, the US constitution has flaws but not nearly so bad as many other places.
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I see too many other countries where the laws seem to be based on a trending topics ("right to be forgotten") without slow deliberation.
In the USA, laws are entirely based on trending topics.
Gay marriage is trending, so courts are continually overturning bans.
Marijuana is trending, so States are legalizing.
Women's rights are a perennial issue.
In a sane country, we'd enshrine these changes in the US Constitution, instead of leaving the Supreme Court to decide everything and then Congress or the Executive Branch crafting legislation/regulation in order to comply..
No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving federal financial assistance.
That seems like a reasonable statement to include in the Constitution.
Right?
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The US constitution is a broad framework and not a specific set of laws. It can be ammended and has been ammended many times. However it is not a simple matter to change. Compare to the state of California where the constitution is trivial to change and has resulted in a complete mess. School children can understand the US constitution, but even sonme laywers are confused by the California constitution.
Your example in some sense could be seen to be redundant, in that it already derives from the broad fr
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Whenever I hear people citing the age-old "Jews run the world" idiocy, I think just one thing: I'm Jewish and nobody told me this! Why am I being left out, here?!!
Classic $Politician (Score:3, Insightful)
Maybe I'm missing something as I was born in '88, was there a time when politicians weren't appointing people based on who would be best for the major corps in the industry.?How is this anything but the standard Corruption which we can expect from all future presidents?
Re:Classic $Politician (Score:5, Insightful)
Obama seems to be the first mainstream US presidential candidate in a long time to "talk the talk" to the kind of people who read Slashdot. The others have been spouting ignorant crap or simply ignoring the topics that most Slashdotters care about. Therefore Obama is the first president that we can be disappointed in -- the others were known bad before they became presidents.
Re:Classic $Politician (Score:5, Interesting)
Obama seems to be the first mainstream US presidential candidate in a long time to "talk the talk" to the kind of people who read Slashdot. The others have been spouting ignorant crap or simply ignoring the topics that most Slashdotters care about. Therefore Obama is the first president that we can be disappointed in -- the others were known bad before they became presidents.
Um, maybe to you. I saw Obama coming a mile away, he's admittedly even more of a let down than I or anyone else could imagine but I knew the vapid talk was just that. I'm glad you admit that he fooled you, most on your side keep claiming that he's actually not an embarrassing failure and that things are way better than when Bush was in office.
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But what was the alternative? Just another politician who did not even bother to "talk the talk" to "the kind of people who read Slashdot"? Should we have expected better from McCain or Romney? I never doubted that most of Obama's promises would be BS but I thought that at least the few concesions he does give to the people to keep them satisfied would at least be in our favor this time. What a disapointment!
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People put too much focus on the president. I think we get these sorts of problems because people expect the president to be the dictator-in-chief when in reality they really don't have all that much control over the giant machine. There's is so much going on every single day that presidents have to rely upon advisors and the bureaucracy. Things seems simple from the outside (ie, close gitmo, simple) but then very complex on the inside (if I close gitmo then there are no US prisons to accept the prisoner
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It's great that you foresaw it all. That does not really have anything to do with what I wrote.
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>It seemed odd that only posts I see on this subject ("Classic Obama", "Obama ... What is it with this guy", and "Why does Obama keep doing this") all seem to suggest this hypocrisy is somehow unique to the current president.
It is somewhat unique.
Bush wasn't hypocritical. He was blatant in his advocacy for non-progressive policies and for being corrupt. You think Bush would have ever pushed for patent reform? Or net neutrality? Not on your life. So when he did bad things, it was entirely expected.
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>instead, he decides to lay a steaming coil on the democratic platform on which he was elected.
Seems to me that most of the rest of the Democrats are going right along with Obama and his policies. Somehow I got on the Democrat party's mailing list and I get bombarded with all these fearmongering hysterical ads about how they need more money or Republicans will take over, and how it's so important that we "support Obama's agenda!!!!" Obama's agenda is giveaways to big corporations like Comcast and the h
Not a black and white issue (Score:2)
The move is likely to anger patent reform advocates given Johnson’s past efforts to block legislation aimed at reining in patent trolls, and in light of his positions that appear to contradict the White House’s professed goal of fixing the patent system...
In December, Johnson testified before the Senate on behalf of the 21st Century Patent Coalition, a group of companies who opposed a bill that would have made it easier for defendants to challenge low-quality patents, and to recover legal costs in the face of frivolous patent lawsuits. (Johnson’s group ultimately prevailed last month when Senate Democrats killed the bill altogether.) Johnson has also opposed previous patent reform initiatives, describing them as “almost everything an infringer could ever want.”
"Patent reform" is not a single solution, with people lining up on opposites of a fence to either oppose or support it. There are many different issues, from patent trolls and shotgun litigation, to venue issues like the Eastern District of Texas, to the quality of examination at the USPTO, to patentability of software, to patentability of business methods (which is similar, but different), to patentability of medical diagnostic methods (also different), to issues of clarity and notice to p
Let us have a good executive in the USPTO (Score:2)
The reason these overly-broad patents used by the patent trolls are granted is because they don't get properly examined and rejected. The patent examiner isn't given time to do a sufficiently thorough search or to make a proper legal case against a patent application. Those cases become patents, and the costs that should have been paid in examination get paid many times over in litigation.
This guy has been part of the running of a pharmaceutical company. That kind of company deals with regulations of all
Extremely scary (Score:4, Insightful)
This is a very dark development. ... after a 3 year delay .. a loophole in the law kicks in (basically they use 35 USC 135 (c) to trigger 35 USC 156 (a) ) and so they get 20 years from issuance date subtract 18 months until the patent expires. Their goal is to delay the patent issuance until the final quickly issued patent is about to expire .. then they will get the patent office to issue the new patents (the deliberately delayed ones). This allows them extended monopoly/royalties on LTE technology. This tactic is widely used. For example there are still patents from HDTV in the 1990s that have still not been issued. The patent law was changed in the early 90s to "prevent submarining" .. but a loophole was placed in there intended for pharmaceutical companies (cause FDA drug approvals can take a decade so it's unfair that they only get 10 years of monopoly).. but the problem with the loophole is that everyone else (non-pharmaceuticals) can use it too.
The patent system is being abused such that it is preventing product launches and stifling innovation/invention by anyone other than large entities. For example, let's look at what's happening with LTE. Currently corporations are submarining many of these patents so that it will be impossible to make a non-infringing LTE base station or smartphone even 30 years after most of the currently known LTE patents expire. Not all the patents on LTE are even known (this is deliberate so that lawsuit can be filed at a later date). Anyway, what do I mean by submarining? They filed some of these applications years ago and then saw to it that SOME the patents have not issued (while a few are issued)
This appointment needs to be protested properly.
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In my opinion USC 135 (c) and USC 156 (a) are unconstitutional due to the limited times requirement specified in the constitution.
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Dude, my point is that there is no fixed 20 year time period, you can keep extending the patent issuance for as long as you like by using 35 USC 135 (c) to trigger 35 USC 156 (a). If you managed to delay it more than 3 years (very easy btw) then the clock of those 20 years starts after the issue date. SO for example, you if you filed a patent in 2000, you keep pushing for delays under 35 USC 135 (c) so that the patent gets issued in 2020 .. then you have a monopoly on the invention until 2040. You can sue a
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I also want to add that 35 USC 154(b) is also very relevant here (and should be unconstitutional in my opinion).
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Dude, my point is that there is no fixed 20 year time period, you can keep extending the patent issuance for as long as you like by using 35 USC 135 (c) to trigger 35 USC 156 (a). If you managed to delay it more than 3 years (very easy btw) then the clock of those 20 years starts after the issue date. SO for example, you if you filed a patent in 2000, you keep pushing for delays under 35 USC 135 (c) so that the patent gets issued in 2020 .. then you have a monopoly on the invention until 2040. You can sue any infringers for back royalties on your invention if someone else built it (knowingly or unknowingly).
Wat?
35 USC 135(c) Deferral of Decision.— The Patent Trial and Appeal Board may defer action on a petition for a derivation proceeding until the expiration of the 3-month period beginning on the date on which the Director issues a patent that includes the claimed invention that is the subject of the petition. The Patent Trial and Appeal Board also may defer action on a petition for a derivation proceeding, or stay the proceeding after it has been instituted, until the termination of a proceeding under chapter 30, 31, or 32 involving the patent of the earlier applicant.
That simply doesn't say what you think it says. Even if you go back to the pre-AIA 135(c), it says:
(c) Any agreement or understanding between parties to an interference, including any collateral agreements referred to therein, made in connection with or in contemplation of the termination of the interference, shall be in writing and a true copy thereof filed in the Patent and Trademark Office before the termination of the interference as between the said parties to the agreement or understanding. If any party filing the same so requests, the copy shall be kept separate from the file of the interference, and made available only to Government agencies on written request, or to any person on a showing of good cause. Failure to file the copy of such agreement or understanding shall render permanently unenforceable such agreement or understanding and any patent of such parties involved in the interference or any patent subsequently issued on any application of such parties so involved. The Director may, however, on a showing of good cause for failure to file within the time prescribed, permit the filing of the agreement or understanding during the six-month period subsequent to the termination of the interference as between the parties to the agreement or understanding. The Director shall give notice to the parties or their attorneys of record, a reasonable time prior to said termination, of the filing requirement of this section. If the Director gives such notice at a later time, irrespective of the right to file such agreement or understanding within the six-month period on a showing of good cause, the parties may file such agreement or understanding within sixty days of the receipt of such notice. Any discretionary action of the Director under this subsection shall be reviewable under section 10 of the Administrative Procedure Act.
Interferences and derivation proceedings have nothing to do with submarine patents. And 35 USC 156 is patent term extension for regulatory proceedings - you get extra time for the period during which the FDA held up your new drug.
Neither of those sections say what you think they do, and submarine patents are a thing of the past, because of the change to 20 years from the date of filing rather than 17 year
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BS.
There are many many patents with extensions ... for example .. just randomly typing patent numbers you can find many .. for example US patent# 7349837. It's patent term was extended by 715 days. Just look up that patent in the uspto website and then click on images to see the pages .. you will see halfway down that it says "Notice: Subject to any disclaimer, the term of this patent is extended or adjusted under 35 U.S.C. 154(b) by 715 days."
http://pdfpiw.uspto.gov/.piw?D... [uspto.gov]
Before you accuse me of cherry
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BS.
There are many many patents with extensions ... for example .. just randomly typing patent numbers you can find many .. for example US patent# 7349837. It's patent term was extended by 715 days. Just look up that patent in the uspto website and then click on images to see the pages .. you will see halfway down that it says "Notice: Subject to any disclaimer, the term of this patent is extended or adjusted under 35 U.S.C. 154(b) by 715 days."
http://pdfpiw.uspto.gov/.piw?D... [uspto.gov]
Before you accuse me of cherry picking .. try typing searching random patent numbers on the USPTO website above 7,000,000 and below i guess 8,500,000. It wont take you long to find ones that have had their patent terms arbitrarily extended. Especially ones for stuff like communications, images, video etc.
Yes, they have, but (i) that's not arbitrary, and (ii) has nothing to do with either 35 USC 135 or 35 USC 156. Patent term extension under 35 USC 154 is extensions due to the applicant due to delay by the patent office - when the US changed from 17 years from issue to 20 years from filing, it was with the understanding that it takes about 3 years to get a patent, so the term was roughly the same. When the backlog at the patent office increased, applications were sitting in the queue for years before being p
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Yes they can. They can word their applications in such a manner that increases the delay likelihood substantially and whether it triggers RCEs etc. What can I say, you don't know the basics of getting the USPTO to delay while technically making it fall under the statutes I mentioned you obviously know absolutely nothing. Until I proved it, you didn't even know that some patents issue quickly whereas there are still patents in the queue from the 1990s and even the 80s (in fact, know of one from the 70s that
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Yes they can. They can word their applications in such a manner that increases the delay likelihood substantially and whether it triggers RCEs etc. What can I say, you don't know the basics of getting the USPTO to delay while technically making it fall under the statutes I mentioned you obviously know absolutely nothing.
Actually, I'm a US patent attorney. I'm simply correcting your incorrect reference to 35 USC 135 and 35 USC 156 - a reference that you've completely backed away from, I notice. Again, RCEs have nothing do with either of those statutes.
Until I proved it, you didn't even know that some patents issue quickly whereas there are still patents in the queue from the 1990s and even the 80s (in fact, know of one from the 70s that is not yet acted on but the reason for that particular one is not the applicant's fault).
Of course I know that. I've had patents issued within a year of filing, and other patents take as much as 8 or 9 years. But what you apparently don't know is that Applicants' RCEs count against us for patent term extension calculations. If we stall and delay and push for multi
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OK, so now you admit that deliberately causing delays are possible and that you know of ways to do it. Since you seem to think that forcing patents into the RCE backlog doesn't help the application get delayed, and that USC 135 & 156 are useless .. why don't you tell us some of the ways you do use?
Also, you claim that a patent applicant has no gain or financial interest in a delayed patent issuance date .. that is ridiculous for many cases and you know it. Especially given how broad or widely used some
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AFTER I said "the patent issuance delays are not random .. anyone skilled in the art knows how to manipulate it." You said
"There are reasons we manipulate delays - for example, where the patent owner is unsure whether to proceed with the application or not, and wants to stall while they release their product or talk to investors - but to get increased patent term extension is not one of them. "
So you admit that the delays can be manipulated, yet patent term extensions aren't a reason. This strongly implies
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AFTER I said "the patent issuance delays are not random .. anyone skilled in the art knows how to manipulate it." You said
"There are reasons we manipulate delays - for example, where the patent owner is unsure whether to proceed with the application or not, and wants to stall while they release their product or talk to investors - but to get increased patent term extension is not one of them. "
So you admit that the delays can be manipulated, yet patent term extensions aren't a reason. This strongly implies that an applicant has no interest in having a delayed issue date.
It only strongly implies it if you don't bother reading the quote, considering the quote explicitly lists times when the application may have an interest. Try again.
1. A greatly delayed issue date can result in a term extension.
... if the delay was by the USPTO, rather than the applicant.
2. You state that applicants/their lawyer have ways to cause patent issuance delays.
... such delays being by the applicant, rather than the USPTO.
3. You say that applicants have no interest in a term extension.
I say that #2 is not done for the purpose of patent term extension, since the applicant doesn't get one, under #1. This is not complicated.
Also, your reasoning that applicants merely want to stall while they talk to investors or decide whether to proceed makes no sense. They've already paid the fees, why would they need to stall or not proceed with an application?
Cost to respond to an office action may be $4-6k. Cost to get an extension is $180 fo
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You said that USC 135 cannot be used to delay a patent in a manner that counts toward it being extended.
1. Have you ever filed a petition to institute a derivation proceeding?
2. How long did they take to even get back to you with a response?
As for 35 USC 156, do I need to handhold you through the million ways they can make a product subject to regulatory review? One way is to say is that it's going to be in a medical device or a medical device is going to use it.
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You said that USC 135 cannot be used to delay a patent in a manner that counts toward it being extended.
1. Have you ever filed a petition to institute a derivation proceeding?
Almost no one has. First, under the pre-AIA rules, they were called interferences; derivations have only existed for a year. Second, there were 20 interferences per year, on average. Out of half a million patent applications. They're horribly expensive, and have little point. The fact that you reference that statute really indicates you have no idea what you're talking about.
As for 35 USC 156, do I need to handhold you through the million ways they can make a product subject to regulatory review? One way is to say is that it's going to be in a medical device or a medical device is going to use it.
Yes, and then you can't sell it in the meantime, nor can anyone else. Congratulations, the "40 year monopoly" you were ranting about j
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As an aside, I think I figured out why you never use the "quote parent" button. It's because you absolutely refuse to answer questions or admit when you're wrong. Accordingly, you're just wasting my time.
And again, I should point out that (i) you failed to use the 'quote parent' button or otherwise quote me; (ii) failed to answer any questions from me to you; and (iii) changed the topic yet again, once I pointed out you were wrong. This is just pathetic.
i) I did quote you (using " " rather than quote parent) in my response at http://slashdot.org/comments.p... [slashdot.org]
ii) I did answer the ones worth answering. If you have specific ones ask them again I will answer.
iii) I may have been wrong about 35 USC 135 or 35 USC 156 being abused. However my main point is that patent attorneys (probably ones more competent than you) know how to manipulate the patent system such that their patent applications get delayed for long periods. I admit I am very likely wrong about the
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Also, there is no why the law has to say that the USPTO must grant extended time. Let's say the patent office issues in 2015 a patent filed in 2000. The applicant can still sue infringers for back royalties. In fact this "sue for back royalties" has been the trend among patent trolls. The USPTO "realized it" (ie, got called on it) relatively recently and therefore started publishing most pending applications after 18 months so that people can at least check if they might get sued at a later date for using a
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Also, there is no why the law has to say that the USPTO must grant extended time. Let's say the patent office issues in 2015 a patent filed in 2000. The applicant can still sue infringers for back royalties. In fact this "sue for back royalties" has been the trend among patent trolls. The USPTO "realized it" (ie, got called on it) relatively recently and therefore started publishing most pending applications after 18 months so that people can at least check if they might get sued at a later date for using a patent pending idea.
They started publishing applications at 18 months as a result of Congress amending 35 USC 122 to require publication, rather than secrecy. They didn't get "called on it" - they were following the law as Congress wrote it, and then changed when Congress changed the law.
Anyway the fact that a patent owner can sue people for back royalties means that with delays patent owners can have monopolies on technology for extended periods of time far beyond 20 years. For example if you get your patent delayed 30 years (not unreasonable when you consider some HDTV patents from the 1990s have yet to issue) then you basically get to earn royalties on for 50 years. Furthermore you can demand huge sums in back royalties for the delay periods. How is that fair?
You can get "back royalties", in your phrasing, when the patent that's granted is identical to the application that was published. And that's fair when the patent owner files their application, the USPTO publishes it, and then sits on it for y
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What can I say, obviously I know a lot more than you. If you don't know the basics of getting the USPTO to delay while technically making it fall under the statutes I mentioned you obviously know absolutely nothing. I guess you didn't even know that some patents issue quickly whereas there are still patents in the queue from the 1990s and even the 80s (in fact, know of one from the 70s that is not yet acted on but the reason for that particular one is not the applicant's fault). Anyway, the patent issuance
Other kind of "fixed" (Score:2)
The move is likely to anger patent reform advocates given Johnson's past efforts to block legislation aimed at reining in patent trolls, and in light of his positions that appear to contradict the White House's professed goal of fixing the patent system.
Maybe they meant fixing the patent system, like people fix races.
Disappointment (Score:2)
Re: USPTO management structure... (Score:2)
Knowing the business-ass-kissing^W^Wfriendly nature of your typical Republican Senator, I think the way to read that last
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I was hoping Obama would reverse some of the big corporate control in this country compared to what the Republican party has been doing for decades, but instead we have president who talks the talk while walking the same mega-corporate bitch walk. Even "Obamacare" doesn't have a robust public option because it just keeps the same greedy big corporations in the healthcare loop, so no end to the cost spiral