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Harmonization of Patents -- What Does It Mean To Greece and America?

Mike Biras

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Greece and the United States have a vested interest in the freedom of man.  Ancient Greece set the pathway in ideas for mankind and the United States institutionalized many of those ideas in its Constitution. In fact, the Founding Fathers of the Constitution believed they were creating an "American Athens" with the ideas generated at that time.

Now many of those beliefs about freedom and the rights of man are being challenged today by nations and large companies interested in making a deal, or the proverbial "bottom line" for a company.  The individual is being trampled in this mad rush in deal making and grabbing market share.

What is happening today is an intensifying of competition between nations to "level the playing field" in intellectual property.  The Financial Times reported in 1999 that Japan is pressing other nations for a global patent system by 2002. 

The catch phrase in this procedure is "harmonization" of all patent systems so examination of patents and legal enforcement will be harmonious between countries.  Under this proposed system it is conceivable that a foreigner could grant property rights for Greeks and Americans.  (Patents are a property right.)

With this system, inventors’ ideas in the patent application will be published world wide for competitors to see.  One corporate executive pushing these changes explained to me that his company "wanted to see what the idea was so they could design around it and save money."  Some of you might reply that patent applications are already published in Europe. 

When the U.S. publishes patent applications we will lose more technology because all America requires a patent application be filed in the "best mode" which immediately gives the competitor the necessary knowledge about the invention.

Ideas and patents are like a card game.  If you are a bridge or poker player just ask another player to reveal all his cards and find out what kind of incredulous answer you receive.  Any serious player would tell you that you are crazy--because there would be no game.

The companies and nations are attempting to stack the deck in their favor. 

Only the United States is the big loser in this proposed system since the United States owns ten times more intellectual property than the rest of the industrialized world combined.  

The proposed changes in the patent system will only help those nations and companies grabbing for market share who want to see the ideas contained in what was always a secret patent application.  Now applications under certain conditions will be published after 18 months.

In the U.S. we have a first-to-invent system which rewards the inventor of the idea.  In that respect we are like the Ancient Greeks who pioneered patents protecting the Sybarite inventor for the exclusive use of his recipe for a certain period of time.

Harmonization requires a first-to-file system which does not protect the inventor.  This system would probably require us to be marathon runners to win the race to the patent office with an idea.  With this new system, anyone can file a patent application whether or not they have done the work.

Ancient Greece and also modern Greece rewards a man for his work, just as the U.S. does.  Rewarding the one who does the work is a foundation principle of the U.S. because an inventor and writer are granted the exclusive use of their work in the Constitution.  Should you and I be concerned about this idea?  The transfer of technology is at the heart of the current agenda of many who are advocating a first-to-file system.

It is part of the plan to transfer wealth from the industrialized nations to the developing world.  The Director General of the WTO has indicated that the WTO is not about trade but transferring wealth to the developing world.

In addition, the NGO's (non-governmental organizations) who have demonstrated against the WTO are also making the same claim of transferring wealth from the industrialized world. 

What does transferring wealth have to do with patents?  In explaining the value of patents Fred Warshofsky, author of "Patent Wars" wrote, "The ownership of ideas and discoveries in the form of patents can be equated to what in a previous century were prized mineral rights and trading concessions." 

Warshofsky also stated, "In the war for global economic dominance, the fiercest battles today are over intellectual property.  Where nations once fought for trade routes and raw materials, they now fight for exclusive rights to ideas, innovations, and inventions."  "The trade routes which in the past were silk and gold in the future will be patents and intellectual property."

This push for harmonization and transfer of technology hits the U.S. harder because we own more intellectual property and patents are the fundamental engine of the American economy.  Patents are the freedom or opportunity to create a better life through your ideas.

  A cab driver from Afghanistan explained to me one evening on the drive to my home that "you are not free unless you can own your own idea."  Ancient Greece understood this and laid the foundation for man to examine his ideas, and again when the basic idea of a patent was first established in Greece.

Opening American technology to all her competitors and changing a system which has functioned well for the U.S. for 200 years does not make sense.

David Ramsey, the historian of the American Revolution, Thomas Jefferson, and other founding fathers thought they were creating an American Athens with the Patent and Copyright clause.  They expected inventions in all fields which would build a nation.  They were right and creativity flourished in the U.S.

The values of Greece and the United States for man to own his own idea and be rewarded for his work have stood the test of time and must not be snuffed out by other nations.  We have a choice to make to stand for respect for the individual and freedom - or go back to the time before the American Constitutional Convention when patents depended on the grace of the king not on the merit of ideas.

I chose freedom and respect for man and his idea.  I stand with the Ancient Greeks, the Greek values and the "American Athens." How about you?

mbiras64862@mypacks.net