POSTGRANTREVIEW.com Notes from a Post Grant Review

Dispatch No. 29 ← Previous ↰ All

Independence Day

Cartoon: the model rocket on the workbench erupts in a fiery mushroom-cloud blast as the soot-covered inventor recoils in shock with cartoon birds circling his head, the scorched 'Project: Rocket-X (250th)' blueprint below and the '250th Launch' rocket still on its pad through the window.
Cartoon: the goggled inventor in a lab coat celebrates in his patriotically decorated workshop — flags, red-white-and-blue bunting, and string lights — holding a sparkler and a fireworks-spouting neon '250' sign, beside a whiteboard reading 'Semiquincentennial: Day 250 – Success!' and a small robot in an Uncle Sam hat, as fireworks burst outside the window.
Cartoon: the goggled inventor at his workbench inspects a model rocket through a magnifying glass with tweezers, under a '250' sign and patriotic bunting, a blueprint labeled 'Project: Rocket-X (250th)' on the bench and a full-size rocket on a launch pad with '250th Launch' banners visible through the window.
I'm used to my own failures, but this is different.

Sometimes you just need to do the right thing, even if it's difficult.

By The Inventor

Background — part of a series documenting my pro se Post Grant Review of U.S. Patent 12,460,537, the patent I believe copies work I disclosed first. New here? Start at Dispatch No. 1.

250 years ago

250 years ago some folks did the hard thing, against a much stronger and more entrenched system. I'm not saying I'm in that league — but sometimes you just have to speak out when the system fails.

The patent system failed me

Cartoon: the goggled inventor proudly points at his glowing blueprints on an exhibition display while a masked thief in a suit photocopies them on a green-lit scanner and a weary examiner rubber-stamps the copies ‘APPROVED.’
My disclosure, out in the open — copied and rubber-stamped “APPROVED.”

The system that was supposed to protect what I disclosed did the opposite. I published my work in the open — the way the system asks you to — and was rewarded with a thinly veiled knockoff. A hastily allowed and error-ridden examination that makes you wonder what the purpose of the patent system even is.

The knockoff patent that issued reads like a copy of mine, both literally and figuratively. The examiner had my disclosure available and granted their claims anyway. Without even proofreading those allowed claims.

When the machinery that's meant to reward inventors instead rewards whoever files a cleverly worded argument, something is broken. That's not a conspiracy; it's a failure of process. And a failed process is worth fixing, which is the whole point of this site.

The 4th

It's an interesting date for many reasons. This site has been up for a while, but I hadn't linked the domain until today. I've sent this as a draft to a few people for comment and feedback. Of note, I sent it to the USPTO and to the head of IP at Even Bigger Big Corp (remember, they bought this problem through an acquisition and didn't directly participate in any of the events of this story). In sending them the draft, I politely asked for any corrections. I believe this story is worth telling and I am trying to do it in an entertaining and engaging way. I want to make sure I have the facts correct. They have a standing invitation to send corrections wherever appropriate, and to author a post explaining the counterpoint.

Cartoon: the goggled inventor, lab coat smudged, grins and holds up a cardboard sign reading ‘Send me feedback.’
Feedback welcome.

As of today, I have not heard back from either of them. I don't know that I expected to hear from them, but I offered. And it probably wasn't strategically wise of me to do that, but I want to provide an accurate description of the story. This shouldn't be a surprise to anyone. My goal is to fix the system. If it sounds like I'm being mean, that's not my intent. I'm trying to be mildly entertaining, but I've also been dealt a very bad set of cards and it feels like someone is cheating (not an accusation, a feeling). I should be free to tell my story… I'm not sure if anyone will listen.

The Declaration of Independence &
The Constitution

Independence was just the first step. The Constitution — where the founders deemed inventors' rights important enough to enumerate — didn't come for another 11 years or so.

Page one of the United States Constitution — 'We the People'
U.S. Const. art. I, § 8, cl. 8

U.S. Constitution

Article I, Section 8, Clause 8

To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;

I think today is an apt day to reflect on how far we've fallen from the above line.

I am both an Author and an Inventor here, and I do not have the exclusive Right to my respective Writings and Discoveries. Those were so clearly taken from me. I hope you see the tragedy in this, because I sure do.

My writings were copied and passed off as someone else's. My discoveries were handed over to that same entity for barely more than a sharply wordsmithed argument.

  • The recipient of that patent did not hold up their end of the patent bargain.
  • The USPTO failed in the fundamental task of examining that patent.
  • But I'm on the hook to right this wrong — even though I tried to stop it.

Discussion