Re: Proof by assertion
What about a path to improvements upon inventions?
If I create a widget that IS novel, non-obvioius, and sells to some extent, then good on me.
If someone comes along, and senses that I've been lazy and not diligently keeping the product in a state of improvement and up-take by the consumer base I've earned, and then that new party actually creates a stellarly-better derivative, and it outsells mine because of laziness on my part, then GOOD ON the UPSTART.
Isn't competition supposed to reign? In boxing, then winner is the one standing, not the one down for the count. But, if the one standing has razors or metal in the gloves, then the one wrongfully scratched up should have significant compensation REwarded, and the wrongdoer some punishment AWardded.
Still, the first-to-file and the first-to-invent systems BOTH are flawed. What should matter most is the product that sells better due to merits, not superior advertising more than product quality, and if necessary, experts and non-experts put under blind testing if the occasion arises to duke things out in a court battle.
First to file screws those who have no resources to even file for a new or a modified, legitimately-royalties-avoiding derivative or variation. First to invent screws those who truly have valid, worthwhile improvements to take to market. Ingenuity should, not king-of-the-laziness-hill, should have priority. The ingenuity that injects improvements and freshness should have room to work, without fear of being reamed by despicable PAEs. Punishment for a discovered PAE should be the carpet gets pulled from under the ENTIRE PORTFOLIO and anything tenuously connected TO it. And, when the USPTO *enables* PAES, the USPTO needs to be put through the meat grinder, too. Or, at least the involved agents. Otherwise, we're GOING to close in on that evil nexus of small people keeping mum, and big PAEs virtually owning the minds of anyone with an idea.