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US Patent Law


Do You Know, You No Longer Have Patent Rights?

Our founding fathers realized that if this country was to become a strong nation, it would require a constant flow of new ideas that could generate technologies, businesses and jobs. It was so important that they wrote it in the Constitution.

Article I, Section 8Clause 8, of the United States Constitution grants Congress the power "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."

Our founding fathers decision to include intellectual property rights proved, with out a shadow of doubt, to be one of the underlying factors that built and made this country strong.

These Rights Are Now Nonexistent.    Your Patents Are Now A Liability!

A few large companies, threw huge amounts of money to get intellectual property rights dismissed so they can take your new invention idea away. And unless you have a big bank account, you will not be able to fight it.

How is this not greed?


The first federal patent statute of the United States was the Patent Act of 1790 and was titled “An Act to promote the Progress of Useful Arts. Samuel Hopkins of Pittsford, Vermont snagged the first patent July 31, 1790.  Source: and  Wikipedia

United States Patent and Trademark Office/Founded January 2, 1975, Washington, D.C, its purpose is to promote the progress of science and useful arts and its mission is to promote industrial and technological progress and strengthen the national economy. Source: and  Wikipedia.

If anyone has ever contacted the USPTO (1 800) 786-9199) and inquired about trademarks or patents, you know first hand how respectfully you were treated. The wonderful folks at the USPTO demonstrate a high degree of graciousness,  professionalism and patients. They are always eager to assist and provide a clear explanation on the patent and trademark process.

Major Patent Law Change

On September 16, 2011 it became law that The U.S. Department of Commerce's United States Patent and Trademark Office (USPTO) must amend the United States patent system from a "First to Invent" to a “First Inventor to File” system and altered the scope of available prior art to apply against a claimed invention in determining the novelty and obviousness of the claimed invention.

President Barack Obama signs the America Invents Act September 16, 2011, at Thomas Jefferson High School for Science and Technology in Alexandria, VA

Titled the Leahy-Smith America Invents Act, The First To file HR. 1249 (House) S-23 (Senate), The first-inventor-to-file provision of the America Invents Act, claim its one of its hallmarks that brings greater transparency, objectivity, predictability, and simplicity in patentability determinations," said Under Secretary of Commerce for Intellectual Property and USPTO Director David Kappos. "At the same time, the provision brings the United States closer in harmonizing our patent law with those in other countries around the globe." Source:,

If you do not file for a trademark or patent (and be granted it rights), as an inventor who has expressed their creativity and developed a new idea, you will not get credit for its creation.

And if someoe else takes your idea and files before you, they own the rights of your idea.

How does this not suppress creativity and innovation?

I wonder if our founding fathers are turning over in their graves…


See How Your Representative Voted...




Should, The United States of America, one of the best countries in the world, that has had the greatest successes in science, art development and achievements for over 200 years, “bring the United States Patent and Trademark Office (USPTO) in line with other nations?”

I have contacted each of my government representatives asking for education and explanation as to why they voted in the manner they did.  Senator Boxer (D-CA), voted Nay, Senator Feinstein (D-CA), voted Yea and Congressmen Issa (R), voted Yea,

Only Senator Dianne Feinstein was gracious enough to reply to my inquiry and she said, “Although I supported Public Law 112-29, I had concerns regarding its first-to-file provision because I believed this transition could harm innovation and be especially burdensome on small inventors and businesses.  I introduced an amendment to Public Law 112-29 that would strike the first-to-file provision from the law”. 

Unfortunately, her amendment did not receive the votes needed.

See complete Senator Dianne Feinstein letter

I ask and urge all of you who would like the ability of creativity and inspiration to continue to flourish, in this country, without having to file to receive credit, to look into this measure (law) and derive your own educated view point.

Contact your congressmen and representatives and ask them to explain why they voted in the manner they did.  Ask, how and why this measure is to make the sciences and arts flourish better in our country.

And if you would, please ask your Congressmen and Representatives, what other countries around the globe are we “harmonizing” our patent law with and why is it so important to do so?   I would love to hear their answers as my congressmen would not tell me. (I suspect that they did not even know why)

H.R. 1249
Leahy-Smith America Invents Act
America Invents Act


All Senators and House Representatives have their own government designed websites with the ability to “contact” them by filling out a quick and easy form.

House of Representative



What To Do – RETURN LAW!

If afterwards, you feel and believe that the law should return to the “first to invent” then please contact your Senators and Congressmen and tell them that you would like the law reversed to the “First to Invent”, the manner in which our founding father's established and what resulted in technology, science and the arts flourished since our country began.

We have the right to do this!  And it will not cost you any money.

Also, there is a growing, grassroots group of inventors who are vigorously fighting to correct the atrocities that deteriorated the USA Patent system, besides returning the law to the "first to invent". Click here to learn more and sign the petition.    WE NEED YOUR HELP, NOW!

Tell Others. Tell Everyone!

In my opinion, based on history of product development over the last 200 plus years, this patent law needs to be reversed to the “First to Invent”, not only for our sake, but for the future of everyone and this country.  

In the world of social media, I ask that you tell others and tell everyone using every available social method you use. Let’s get our voices heard. It will be from your inquiries and demands that a wrong (law) be reversed and corrected.

President of the United States
Be sure to express your voice with the President.

And if you live in Texas, District 21, please contact Representative Lamar Smith (R) and ask him why he initiated this bill. Ask him to re-consider and introduce an amendment to change the law back to "First to Invent".

This is just the tip of the iceberg on how the individual inventor's creativity and inspiration is being killed. Click here for even more stifling information. (or paste this link into your browser

Always, Inspire and Create.


Tom Rauscher






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