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Entrepreneur Sues Over New Patent Regulations

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    Madstad Engineering’s Mark Standnyk on why he is fighting to stop the implementation of new patent laws because it would hurt inventors.

  • Duration 4:28
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Rules the world after their decisive victory against Samsung on Friday.

The folks at apple now trying to stop US sales of eight Samsung mobile product landmark case shining new light on patent -- And what not for nor is suing the government over new rules that he says will hurt small businesses that investors.

Standard.

Stand Nick's dad nick.

Sorry about that marked the man behind the lawsuit are rye joins me now thanks for being -- -- you know mark.

You look like an inventor or maybe even a motorcycle rider which is actually appropriate gives you.

One of your three patents is for a motorcycle windshield let it be -- -- such.

First let's start with the old bait and switch -- and talk about that apple Samsung.

Ruling I would think that you love.

The apple victory because by golly they invaded that stuff and now they protected their right.

-- -- -- All that's that's exactly right that's what they have -- law has been about forward over 220 years.

You're the inventor it's your property you own it if someone else wants to use that property okay fine they have to ask your permission.

But -- your property.

And that's that the core of our patent law and has been that way since 79 -- yourself -- and the I had.

And indeed you know it turns out Samsung had the offer from apple early on to pay it 24 dollars per gadget.

And at a cost of 545.

Million so far instead of the billion dollar verdict plus a triple damages potentially plus.

Twelve billion dollars in lost market value but here's the -- -- used to exist to allow people across license and innovate.

And -- are being used to ring fence and that seems to be a problem you have with the new proposal from the patent office tells about that what is the change coming up in -- -- you.

Well the change really is a reversal it takes away -- the property rights of the inventor.

But the way the the -- worded the new language although it includes the word inventor.

Really comes down to the first person to file the paperwork in other words.

Whoever shows up at the patent office with the paperwork first.

Gets to be the look at the patent holder and that's just not what the constitution says that is not.

Protecting my property rights which is what the government is supposed to be doing so -- it completely removes.

My personal property rights in my own creation.

So so mark that they get that I could say I wanna file a patent for a space elevator that'll take me from the ground.

Up into space I -- -- -- -- yet but if I'm first to file I'll I'll get the protection first is that the problem.

-- out now let's say you wanted to I'll work on that but it's if this is not something you're gonna be able to -- fact.

Within a twelve month period of time it may take two or three years in the meantime somebody hacks and your computers somebody sees you working on it.

They file.

Maybe a crude prototype of what you have.

And two years later when you finally get it working now you're ready to explain to the patent office how it works -- that you -- patent.

Somebody else already patented that you find out.

And but under the new law on on like apple that could go before and the current law and say hey we were the first.

The new law says well that guy filed first so he gets to be the patent holder unless you can prove that he stole it from you are copied or design.

I'm like that's not that's not.

Yes doubling up on the contribution between kindergarten students.

Was this a change in patent law ordered by congress or is this just something a few bureaucrats -- the -- opposite decided hey let's make a good change.

Now this has been brewing for quite a few years at least ten years are repeatedly.

Trying to get.

Get this change is really is to the advantage of larger companies that have teams of lawyers.

All kinds of research facilities they can -- -- the secrets that they're working on.

The little guy like me can't do that but last year's congress Bob.

Based somehow made it that made the wording palatable in and it's basically squeeze it through without a whole lot of testimony.

I'm fact I'm not sure that there was any testimony from small and -- small investors venture capitalists.

-- the entities that would be hurt by this.

All right -- motorcycle riding Don Quixote against the entire US government now -- infrastructure.

I wish you well -- good luck thank you for being with us tonight.

All right thank you --