Everyone’s a Patentpreneur Now

Don’t you just love when people make up words?  I do.  Obviously.

Just today read this piece about the new First-to-File that the AIA ushered in.  I like this point the best:

At a time when we should be doing everything to help our future business leaders, we are ensuring that small startups and entrepreneurs will have to choose between designing great products and filing patents, just to win that “race to the Patent Office”.

It dovetails nicely with the piece that Andy Gibbs wrote on how IP Strategists should best advise their clients under the new rules.  He touched on a similar point, which would make the second time I’ve quoted this part of his post.  Can I do that, are there rules against multiples of the same quote in different blog entries?  Either way:

However, the elephant in the room is the client’s implicit desire not for a “patent”, but for a mechanism to deliver superior market position, protect competitive market share, and to create increased shareholder value. They believe the “patent” is their ticket.

The thing of it is, while patent trolls clearly hinder innovation, a patent itself does not equal innovation.  It does not equal creativity.  It does not equal profits (just ask the Fuzzibuns lady).  The post continues and boy is this fun:

I guess I have to accept that Congress in its infinite wisdom knows what it’s doing to help our economy recover, just like when it decided that the Sequester was the answer to our Federal budget woes.  You multi-millionaires who sit in seats of power must truly understand what this nation needs.

Strike one.

Maybe you are hoping to siphon off all of those extra filing fees to shore up social security.  Certainly all of the extra money spent on patent attorneys will help our sagging legal industry.

Yeowch!  Strike two.

But alas, I know this is not true.  I must face reality and live with your stupid, dumb-#@! attempts to fix a patent system that isn’t broken because solving the real issues that we face as a nation is just too #$@! difficult for you.

Aaaaand you’re out!

I think there are clearly issues with the patent system so saying it isn’t broken…well, I respectfully disagree.  (I can hear you scoffing…I can too be respectful!)  But it doesn’t matter because the salient point Kelli Proia is making is that “Do you have the patent on that?” is the new “Is that Spanx or Yummie Tummie?”  It’s the first question anyone asks when they see you on Oscar night something new comes along, rather than “Do you have a product that people want and need?” or “Do you have a Wharton MBA, or access to someone who does who can help you with the business end of your…business?”

Those are the kinds of questions we should be asking, but because of the patent wars the the trolls have exacerbated, patents are all the rage.  Even the Avon Guy is at risk by refusing to play the game.

So how do you fix it?

Shut down the trolls.

Just sayin’,