let us walk through what the gentleman just said. He said these people are protected once they publish. They are not protected, and I will tell the gentleman why. To be able to sue for royalties, and that is not 20 or 30 percent of the action, but if somebody else publicizes what they have, they have to show that their invention, that the invention that came out and was utilized by somebody else, was substantially identical to their initial application. The facts are that when inventors go out and make an initial application, that initial application is often much broader than what is finally patented. So if they make it too broad, if they make the application much broader than the final patent that is awarded and they get that final patent, they cannot come in and sue. The second thing is that they have to come in and show that they actually had notice of what that person was doing, of that publication. When you send out patent ideas, these ideas that are being published, on the Internet, how are you going to prove that the guy had actual knowledge of what you had? Last, the whole point that has been made by all these small inventors is this: To sue and get a part of the action, even if it is a 2- or 3- percent royalty, you have to have horsepower. That means you have to have money. If you have not had some running room, if you have not had the chance while your patent was secret to go out there and line that money up, you are never going to be able to do it.
On the recordApril 23, 1997
Source
govinfo.govEditor's note · Context
Discussing the challenges faced by inventors in protecting their patents and suing for royalties.
Share
More from Andrew P. Hunter
Feb 11, 2015
The government needs to be very discriminating about how it approaches and how it invests its R&D dollars.
May 22, 2008
That would have meant jobs for the American workers, and it would have meant that we kept a lot of that talent pool, that industrial base capability, in the United States. This would have been a huge win for American workers and it would…
May 22, 2008
We have general officers, flag officers who go over to Iraq, Afghanistan just as they have gone to every war theater we've fought in. They talk to their colleagues. Their colleagues give them the facts as they see the facts. They come…





