Why Patent Reform Is Bad for Startups, Small Business, Patent Attorneys and America

Abstract

As a patent attorney, I have helped many early stage inventors, entrepreneurs and investors build successful American companies offering good jobs. I have discussed the needs of startups and investors with proponents of the America Invents Act, including members of the relevant committees of the American Bar Association and American Intellectual Property Law Association, and U.S. Patent and Trademark Office Director David Kappos in his public meetings.

After I explained two typical startup scenarios and related legal issues, every proponent of the patent reform legislation conceded, “Oops, we didn’t think about those; the bill doesn’t work,” or else promised to get back to me and never did.

These are not oddball out-of-the way cases — almost every startup goes through one of these two, many through both. Because these two scenarios occur before a patent attorney gets involved, “out of sight” has become “out of mind.”

If the proponents of the bill “didn’t think about” these two, what else did they not think about? How do we expect the new bill to foster American innovation if the proponents admit that it does not work for startups?

Keywords: patents, America Invents Act, entrepreneurship