Now if the time to let our law-makers know how we feel about the proposed patent reform legislation working its way through government.

 Please read through the issues and use the links at the end of this email to help you personalize your own message to your representatives.

>>> Original email from Professional Inventors Alliance representative. <<<

From: K. Markva

To: chipcelley@msn.com

Sent: Tuesday, October 18, 2005 10:36 AM

Subject: Proposed patent legislation will HARM inventors - CALL TO ACTION

Dear Mr. Celley (c/o Inventors’ Network of the Carolinas):

I am writing to alert you of legislation – HR 2795, the so-called Patent Reform Act of 2005 – that will undermine severely current safeguards against infringement of your ideas and innovations, which are currently patented.  As THE contact person for your Inventor Group, I hope we can begin a dialogue to encourage you and your group’s membership to get actively involved in voicing strong concerns about the pending legislation.

  The Professional Inventors Alliance (www.piausa.org), headed by professional inventors Ron Riley (www.inventorEd.org) and George Margolin (www.Margolin-Development.com) have teamed up again to address the attack, that will literally devastate the ability for independent inventors, small businesses and medium-sized enterprises to protect their ideas if the proposed changes to the U.S. Patent System are enacted into law.

 I am the government affairs representative for PIA USA and used to work on Capitol Hill during the 1990s when many of the provisions in this legislation were first attempted.  The large corporations who want these changes are generally multi-national corporations that do not want to pay royalties when they infringe.  I witnessed first-hand how they operate and it is very distressing in that it is in essence a “hush-hush” approach to getting what they want.  They initially stated the bill – HR 2795 was NON-controversial.  In fact, in the past, the proponents of these harmful provisions have successfully moved legislation with such harmful provisions such as 18-month publication for foreign applications, third party re-examination, and prior user rights.  But because of people like Riley and Margolin back in 1999, we were able to slow down the process and at least water down the most harmful provisions of the legislation.  In spite of all of the attempts to stop the 1999 legislation from going through, it was signed by the president after only 40 minutes of debate in the House of Representatives and literally NONE in the Senate.  They will try to do this again and that is why we need the grassroots to speak up for themselves against the corporate giants.

 PIA USA has successfully worked over the past few months to show why this legislation IS controversial, especially for independent inventors and small businesses.  Over the past several weeks, we were on Capitol Hill discussing all of the issues with legislators and their staffs.  One member admitted that legislation concerning patent law was very arcane and he depended on those who understand the issues in making his decision.  To the detriment of independent inventors and small businesses all over the country, the bill is being pushed by companies with teams of lawyers and lobbyists saying that this legislation is good for America.  This could not be further from the truth.  It will harm innovation in our country and, ultimately, the overall economy, which is based upon the strongest patent system in the world.

 Please take a moment and read the attachment that briefly details what the major corporations are attempting to do to our patent system.  While some of the provisions have been “taken out” of the bill, many Members of Congress and Big Business want the entire bill and then some.  One provision added since the bill’s introduction in June – VENUE – would require all infringement court actions to take place in the home district of the defendant (i.e., the infringer).  The concept behind this is that people from home town will be more likely to side with the alleged infringers should a jury trial take place.  The added costs to inventors and small businesses would become even more extensive.

  I would like to discuss with you how we can work together to stop this outrageous attack on intellectual property in our country.  Please e-mail me to let me know of your interest in working with PIA USA to address this very important issue.  We need to inform the independent inventor community about this important issue.  We need to get everyone who has a concern with this legislation to voice their opinions to Congress and the White House. 

 I look forward to hearing from, and working with, you on this important matter.

 Sincerely,

Kurt M. Markva

Principal

Government Resources Group

P.O. Box 1001

Warrenton, Virginia 20137

ph: 703-785-5810

fx:  703-991-2264

>>>> Here is the following exchange <<<<<<

 As one representative for inventors in the Carolinas, I am personally interested, as I know that our members are, in maintaining our reasonably fair patent system.  We are a small startup group with limited financial resources but we can do whatever we can to help and I welcome your suggestions.

 THANK YOU FOR YOUR OFFER TO HELP.  WHILE YOU HAVE LIMITED FINANCIAL RESOURCES, I DO KNOW HOW WE CAN MAKE A DIFFERENCE IN THE GRASS ROOTS LEVEL – ACTION BY YOUR 100, OR SO MEMBERSHIP.  BELIEVE IT OR NOT, WHEN CONGRESSMEN HEAR FROM MORE THAN 10 PEOPLE ON SOME ISSUE THEY BEGIN TO CONSIDER THE ISSUE MORE CLOSELY.  SO YOUR OFFER IS HUGE IN THIS RESPECT.  ONE CONGRESSMAN PUT IT THIS WAY: WHEN HE RECEIVED ONE LETTER FROM THE CONGRESSIONAL DISTRICT, HE CONSIDERED IT TO BE WORTH THE VIEWS OF 400 PEOPLE.  SO NUMBERS DO MATTER. 

We have about fifty active members and our email list has over one hundred healthy names that can let their legislators know where they stand on these issues. 

FROM WHAT I JUST INDICATED, THAT IS OVER 4,000 CONSTITUENT VOTES IN SEPARATE DISTRICTS.  BUT THEN THERE IS THE SENATE.  IF WE CAN GET ALL OF YOUR MEMBERSHIP TO JOIN US IN ONE WAY OR ANOTHER, WE CAN AND WILL BEAT THIS.  I HAVE BEEN IN CONTACT WITH INVENTOR ORGANIZATIONS ALL OVER THE COUNTRY WITH THE SAME MESSAGE.  THUS FAR, I HAVE RECEIVED SOME POSITIVE FEEDBACK, BUT WE NEED MORE. 

Who are the major players pushing corporation-friendly provisions? 

THE MAIN SPONSOR OF THE LEGISLATION IS REP. LAMAR SMITH (R-TX), WHO HAS DELL IN HIS CONGRESSIONAL DISTRICT.  THE COSPONSORS OF THIS LEGISLATION ARE AS FOLLOWS:

Rep Berman, Howard L. [CA-28] - 6/8/2005
Rep Boucher, Rick [VA-9] - 6/8/2005
Rep Cannon, Chris [UT-3] - 6/8/2005
Rep Carter, John R. [TX-31] - 7/28/2005
Rep Coble, Howard [NC-6] - 6/8/2005
Rep Conyers, John, Jr. [MI-14] - 6/8/2005
Rep Goodlatte, Bob [VA-6] - 6/8/2005
Rep Issa, Darrell E. [CA-49] - 6/8/2005
Rep Lofgren, Zoe [CA-16] - 6/8/2005
Rep McCaul, Michael T. [TX-10] - 7/28/2005
Rep Schiff, Adam B. [CA-29] - 6/8/2005

 THE MAIN PLAYERS IN THIS ARE MEMBERS OF THE BUSINESS SOFTWARE ALLIANCE.  MICROSOFT IS CLEARLY A LEADER IN THIS FIGHT.  IT IS IMPORTANT TO NOTE THAT THERE ARE SOME LARGE ORGANIZATIONS THAT ARE AGAINST THE LEGISLATION.  HOWEVER, IF THEY COME TO A COMPROMISE, WHATEVER THAT MIGHT BE, IT WILL BE TERRIBLE FOR INDEPENDENT INVENTORS AND SMALL BUSINESSES. 

When do the public hearings take place?

SEVERAL HAVE TAKEN PLACE.  I ENCOURAGE YOU TO GO TO WWW.HOUSE.GOV AND VISIT THE HOUSE JUDICIARY COMMITTEE’S WEBSITE.  THEY HAVE HAD SEVERAL BUT ONLY ONE INVENTOR ACTUALLY HAS PERSONALLY TESTIFIED – DEAN KAMEN (SEGWAY).  THE REST HAVE BEEN FROM THE LIKES OF GENERAL ELECTRIC, IBM, MICROSOFT, ETC.  THERE HAS BEEN ONE HEARING IN THE SENATE.  YOU CAN FIND IT ON THE WEBISTE WWW.SENATE.GOV IN THE JUDICIARY COMMITTEE.  THERE WAS ONLY ONE SENATOR PRESENT (AND THEY CONSIDERED IT A “FULL COMMITTEE” HEARING).  THE SENATE, OVER THE PAST 10 YEARS, BASICALLY HAS SERVED AS A RUBBER STAMP TO THE HOUSE PASSED VERSIONS.  SO IT IS IMPORTANT THAT WE WORK HARD EARLY.  THAT IS WHAT WE ARE ATTEMPTING TO ACCOMPLISH HERE.

 How does the vote count look by legislator? 

NOT GOOD AT THIS POINT, THAT IS WHY WE ARE VERY CONCERNED ABOUT GRASS ROOTS.  PLEASE UNDERSTAND, THERE ARE ONLY VERY FEW MEMBERS OF CONGRESS/SENATORS WHO UNDERSTAND AND APPRECIATE WHAT THE PATENT SYSTEM IS ALL ABOUT.  THAT IS WHY WE NEED TO GET ANYONE AND EVERYONE WE KNOW INVOLVED IN THIS FIGHT.

When does the vote go to the floor? 

IT HASN’T GOTTEN OUT OF THE SUBCOMMITTEE.  BUT THAT DOESN’T MEAN ANYTHING, IN MY HUMBLE OPINION.  THE SUPPORTERS OF THIS LEGISLATION HAVE BEEN WORKING HARD TO GET THIS LEGISLATION PASSED FOR QUITE SOME TIME AND UNDER THE RADAR SCREEN.  THEY HAVE CLAIMED FROM THE BEGINNING THAT THIS IS UNCONTROVERSIAL LEGISLATION; THE PROFESSIONAL INVENTORS ALLIANCE HAS WORKED VERY HARD TO EXPLAIN TO REPORTERS/LEGISLATORS/CONGRESSIONAL STAFF THAT THIS INDEED IS VERY CONTROVERSIAL LEGISLATION.

Thank you and good luck in this important endeavor, 

THANK YOU!  BUT WE NEED ALL THE HELP WE CAN GET FROM ALL OVER THE U.S.  THIS IS NOT JUST SOME LITTLE BILL THAT WILL HAVE MINIMAL IMPACT ON THE U.S.   IT WILL HAVE A MAJOR IMPACT; THE U.S. PATENT SYSTEM IS THE BASIS OF THE U.S. ECONOMY.  ALL WE EVER HEAR FROM POLITICIANS IS THAT SMALL BUSINESS IS THE BACKBONE OF THE AMERICAN ECONOMY – THAT IS BECAUSE THE INCENTIVE OF INNOVATATION IS PRESENT.  THIS LEGISLATION TAKE ANY INCENTIVE AWAY FROM SMALL BUSINESS AND INDEPENDENT INVENTORS TO GO THROUGH THE PATENT SYSTEM – A TRUE BASE OF OUR CONSTITUTION AND THE ONLY PLACE IN THE ORIGINAL DOCUMENT THAT ALLOWS “RIGHTS” FOR INDIVIDUALS (DON’T COUNT THE BILL OF RIGHTS ON THIS).  CHECK OUT ARTICLE 1, SECTION 8 OF THE CONSTITUTION.  IT SPEAKS FOR ITSELF.  THIS IS WHAT WE ARE FIGHTING FOR. 

 >>>>> More information at www.uiausa.org <<<<<<

The Patent Act of 2005, HR 2795 is still in process. If you haven’t officially expressed your opinion yet, there is still time to do so. By courtesy of one of our Inventor Group members, here is a possible template for inventors to consider using in composing their own letter to members of this committee and/or their own congressional representative.

 Each writer, should, of course, adjust the text so that it reflects their own opinion on each issue. Following the letter is a list of names and addresses for the members of this Judiciary Committee.