Dem. Sen. Schumer (NY): protecting big corporate infringers …as usual

The battle lines are being drawn in Congress, and I knew it would not take Democrat Sen. Schumer (NY) very long to reveal his true “interests” in the recent debates, and what his real agenda in his patent (d)eform bill: destroy small inventor patents.  This is essential to make sure his real constituency (large corporate infringers) never needs to pay a dime for their patent thefts.

The good Senator didn’t take more than 2 minutes in his streaming interview to highlight the “kinds” of patent rights he thinks are worth protecting: BIG BUSINESS ONLY

“….people have great ideas and they should be rewarded for it, and that’s worked very well over the years in industries that have required a whole of research and development pharmaceuticals but when it comes to business method patents and many other (inaudible) patents they can be very easily ripped off and abused by patent trolls

Ah yes, in Sen. Schumer’s patent dystopia, “people” (inventors) are deserving of patents, so long of course as they work for a large expensive, well stocked pharmaceutical company lab.  Ergo, only large pharma companies and similar entities wearing lab coats and tinkering with expensive drugs (you know, the kind the little guy pays a fortune for at the hospital) are worthy of patent protection.

This is an incredibly elitist, undemocratic perspective.  I find it amazing that in Sen. Schumer’s fiefdom small business owner/inventors who invest their own hard earned money to make an “internet” business work, and try to get patents to protect it, are somehow less worthy of patents than large companies investing someone else’s money.  These folks are taking just a big a risk – or bigger – than any “pharma” company.  Just look at Mr. Logan of Personal Audio, which I wrote about last week: this fellow invested millions of his own money, built a prototype, but he’s being demonized and smeared by the Sen. Schumers of the world for daring to ask that the current patent squatters pay him a fair return.

The fact that the Internet and modern computing/programming technology has leveled the playing field and made the cost of an e-commerce “R&D” lab accessible and inexpensive for the small inventor to innovate should be celebrated not castigated, or denigrated.  Does intelligent design, experimentation, testing, etc., only have value when done with a bunsen burner and beaker full of chemicals?  More anti-small inventor elitist nonsense.  The founding fathers intentionally made the patent system open to ALL, not just large business interests, so that all could participate, invent and profit – not just some protected class of businesses that can afford the best lobbyists money can buy.

Of course Sen. Schumer is clever enough to know that wagging the tail and pandering quite so obviously to large entrenched interests would not fly well with the real constituents (i.e., the little folk who actually vote) so he has to segway key soundbites whenever he can to still show them that all of this is really for THEIR benefit. He’s just another faithful servant, trying to protect small businesses:

“As the Senate gets even closer this week to considering patent reform legislation, hearing stories from companies like Union Square Ventures, Etsy, AOL, Foursquare and others about the real economic toll patent trolls are taking becomes even more important…When it comes to making sure American businesses – especially small businesses – can thrive and grow, patent reform is one of the most important things we in Congress can do.”

Thus once again Sen. Schumer shows his concern is really about those the “small businesses” like… Union Square Ventures ($650 million in assets), ($500 million in annual revenues), Foursquare ($600 million dollar valuation) and of course AOL (>$2billion in annual revenues).   Yes, it would be a crying shame if any of those poor little rich kids had to pay for some technology …invented by someone else.

“Small businesses”? I doubt any “small entrepreneur” could make it past Sen. Schumer’s doorman to talk to him about their interests.  And from what we read, he’d need a high powered telescope in his ivory tower to see a small inventor worthy of a patent.

In closing, it should be remembered that this is hardly the first time Sen. Schumer has revealed his true “interest” in “reforming” the patent laws: helping his large well funded corporate constituents avoid infringement.   In fact in 2011 he went so far as to unabashedly engineer and push through Congress his own very special and personal “get out of jail free card” exemption for that other “underprivileged” special interest group in America: FAT CAT BANKS.  The good senator made sure his own protected class never had to pay a penny for their unlawful use of someone else’s invention:

“…Yet again, the banking industry would rather lobby politicians than have to pay for infringing the patents of DataTreasury, Claudio Ballard’s company that created the now ubiquitous process of imaging checks.”

Do I say Sen. Schumer is protecting the 1%? No, more like the .0001% of large bankers and similarly elitist business owners who find it much easier to do business and “innovate” when their progress is not impeded by small things like having to pay for other’s inventions, like Mr. Claudio Ballard’s.

As he has proven before, and is demonstrating now, Sen. Schumer’s idea of patent “reform” is to make the law so that it insulates the large, well financed, well entrenched interests in this country.  I encourage everyone to see through the smear campaign and stop these anti small inventor patent squatters.


Epilog: At 1:30 of the interview Sen. Schumer lets loose with another ripping yarn, telling his fawning patrons that the patent trolls have “garnered” an astonishing TRILLION dollars in the past …20 years from American businesses. Yup, those pesky “trolls” have magically siphoned an entire years worth of GDP money from corporate tills and have stashed it all in a bunch of Fantasyland mattresses apparently.   I can’t tell if his reading comprehension or math skills went AWOL since, of course, like every other small inventor patent-basher nowadays, he wasn’t exactly big on sources or analysis.  But it goes to show that in the current debate about “reform” the anti-patent crowd is willing to invent any lie necessary to advance their cause.



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Countering anti-patent/anti inventor hysteria

Countering anti-patent/anti inventor hysteria


Countering anti-patent/anti inventor hysteria


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