Connors

Patent attorney John J. Connors, Esq. hasemphatically registered his clients' opposition to patent bills (LeahyS.1145 and Berman H.R.1908) introduced in both houses of Congress on April20.

In an early warning letter on March 23 sent to the Honorable John Boehner(R.-Ohio) and other members of Congress and the Administration, Connorswrote, "I am happy to report that our patent system is working the designer shoes way itis supposed to. Trans-national corporations, however, are telling Congressthat the American patent system is broken and needs reform, because the'Davids' who own an American patent can stop these 'Goliaths' from stealingtheir ideas. If anything needs to be reformed, it is the operations of ourpatent office."

As a member of the Orange County Business Council's Washington D.C.delegation, Connors also alerted Orange County's congressionalrepresentatives, commenting, "The proposed legislation would radicallyalter the American patent system in fundamental ways, changing it to lookmore like those of America's global competitors."

Connors, a veteran patent attorney, former manager of a corporate patentdepartment, and corporate director (ICU Medical, Inc.-NASDAQ), explains,"An American patent is much more valuable than foreign patents because ofthe size of the U.S. market and the greater likelihood of winning in court.Many trial attorneys will accept a patent case on a contingency basis, butmost 'Goliath' corporations, want to shift litigation from the Federalcourts to the Patent Office, which would create a legal and economicbarrier to enforcement, making it more difficult for a start-up company tocompete and frustrating a patentee short on money from obtaining legalrepresentation.

"The Leahy-Berman patent bills conform the American patent system toforeign systems modeled after German patent law, which was rooted in amilitary-industrial economy dominated by cartels. These bills areessentially the same as the 'harmonization' patent bill of the early 1990s,calling for a 'first-to-file' system and providing that oppositions togranted patents will be tried before a Patent Office tribunal rather than ajury.

"These foreign systems," Christian Louboutin Bags Connors continues, "also fail to offer theone-year grace period unique to the American patent system -- a provisionthat gives inventors a chance to test their ideas in the marketplace beforespending extensively on patent protection.

"I'm afraid that a relentless public relations and lobbying campaign hashoodwinked many of our political leaders into believing the American patentsystem is irreparably flawed."

Connors is sharing his unique experience in written testimony to theCongressional committees considering these bills, expressing his concernsthat the proposed transmutation of the U.S. patent law will devalueAmerican patents, jeopardizing America's technological leadership andsecurity to achieve (in the words of Senator Patrick Leahy [D-Vermont]"international consistency."

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In his written testimony, Connors discusses the advantages of the currentAmerican patent system and points out that the real problem is a backlog ofover 800,000 applications and an overworked and under-trained patentexaminer corps. "The Leahy-Berman patent bills, if enacted, will onlyincrease the backlog of applications," he writes, "because (1) a'first-to-file' system encourages filing many applications coveringundeveloped ideas that may never come to fruition, and (2) Patent Officeresources will be diverted to conducting paten
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