URGENT ALERT!

John Trudel, Certified Management Consultant

Dear Friends,

As I write this note, there is a frenzy of activity in Washington to mark up the huge Coble "patent reform" bill and rush it to a vote -- probably just before the Memorial Day recess, just like HR 400 was slipped through in 1997. Congressman Dana Rohrabacher has, unfortunately, switched sides. His name will be on the bill. This may confuse some in Congress, who may think, "Oh, it must be OK now. Even Dana is supporting this."

THAT'S WRONG. It's not OK.

It easy to get dazzled, if not stunned. The details are trickier than they have ever been and are now being argued at a brain-numbing level of minutia. For example, "prior user rights" is now called "the first to invent defense." If passed, someone who was neither the first to invent nor the first to file would have rights that preempt those of a legitimate patent holder. In one form, the patent law changes are even retroactive to 1995.

THE MAIN THING TO REMEMBER IS THAT NONE OF THIS MATTERS.

You see, whatever the details in the final form of the bill, the key thing is that the patent office will be removed from government oversight. It will exist in a twilight zone, perhaps initially as some vague part of the Commerce Department, but one removed from GAO and Congressional oversight. One removed from any accountability to U.S. citizens. Probably one removed from the purview of the U.S. courts.

The Czar of the PTO will be appointed by the President for a term that ensures an incoming President cannot replace him. The Czar cannot be fired by anyone else. Once in place, he (or she) can (literally) do anything he wants. He can impose any fees he wishes, spend money as he wishes, and change the rules in any way he wishes. I personally fail to see how that can be in the best interests of our nation, our citizens, or of U.S. firms, whatever their size.

I find it all pretty amazing. This bill will probably be on the floor next week and I WILL be out of the country on a prolonged vacation. (My first non-working vacation in three years.) So do what you think is best. I suggest that this is a good time to start alerting your representatives. Tell them "here it comes again." Ask them to OPPOSE THE NEW COBLE PATENT BILL.

I think the best advice was that given by America's Nobel laureate's during last year's patent wars when S.507 died in the Senate. "Possible lasting economic harm! Requires extensive debate!" Good luck, my friends.

Regards,

John D. Trudel
The Trudel Group
33470 Chinook PL
Scappoose, OR 97056
www.trudelgroup.com
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The Trudel Group

"We help you achieve sustained prosperity through Business Innovation."

(503)638-8644
E-Mail: jtrudel@gstis.net

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