PRESS RELEASE – December 19, 2019
WASHINGTON, D. C. – US Inventor is pleased to support the introduction of the bipartisan Inventor Rights Act, H. R. 5478 by Representatives Danny K. Davis (D-IL) and Paul Gosar, D.D.S. (R-AZ). We are extremely encouraged to have Representatives from both parties sponsor this bill on behalf of the inventors of America.
The Inventor Rights Act takes critical steps in strengthening US patent rights, bringing justice for inventors, and promoting innovation, the very lifeblood of the American economy.
“Due to recent changes in patent law and harmful court decisions, the fundamental promise of Article 1, section 8 of the Constitution to secure to inventors the exclusive right to our discoveries has been egregiously denied,” explains Josh Malone, inventor of Bunch O Balloons and volunteer with US Inventor. “For instance, a division of the Patent Office called the Patent Trial and Appeal Board, rather than protecting inventors, frequently cancels our previously approved patents to the benefit of large corporations that have stolen our inventions. Few inventors have the resources and political clout necessary to fight these attacks. As a result American innovation has been undermined, sending capital investment and innovation overseas.”
Representative Gosar shared his views with US Inventor stating “America is a place where innovation and ingenuity thrive. This is only made possible when inventors can ensure reliable patent rights to secure ownership of their inventions. For too long, big corporations have stolen inventions and buried the inventor with long legal disputes. The Constitution grants America’s inventors with exclusive rights to their discovery. “I am proud to join Representative Davis in this effort to protect America’s inventors.”
Under the Inventor Rights Act H. R. 5478, inventors who own their own patent will be permitted to opt for a regular court instead of the Patent Trial and Appeal Board. Accused infringers would still have the right to challenge the validity of the patent in the regular court, which is how our patent system worked for a 190 years. If the Patent Trial and Appeal Board is reformed such that it is a faster and cheaper alternative to district court, then inventors will voluntarily participate.
Another problem with the status quo is that inventors who prevail in court usually only receive a “reasonable royalty,” while even a willful infringer gets to keep most of their profits from unauthorized sales of a patented invention. This bill would disgorge all the profits from an infringer who knew or should have known of their violation of a patent held by the original inventor. This remedy is consistent with other forms of intellectual property including design patents, copyrights, and trademarks.
The bill also provides inventors with: injunctions to prohibit unauthorized use of the invention; the right to file suit in their home district; and recovery of attorney fees that substantially exceed the damages at issue.
“It is imperative that my colleagues and I exercise our constitutional authority to promote progress in the useful arts of intellectual property by securing inventors the exclusive rights to their creations,” said Representative Davis.
The introduction of the Inventor Rights Act H. R. 5478 is a major milestone in our grassroots movement to mobilize entrepreneurs and educate lawmakers on the importance of reliable patent rights for inventors. This bill demonstrates that Congress is listening to our concerns and is working on a solution to the current injustices. US Inventor urges the House of Representatives to pass the Inventor Rights Act as soon as possible.
More information about the legislation is available at davis.house.gov/statements and usinventor.org.
For Immediate Release
US Inventor brings together the best and brightest innovators of today to help the best and brightest innovators of tomorrow. We teach, promote, and defend the invention process and business methods involved in developing an idea, making a profit, and changing lives.