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INCA Letter

INCA Letter

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Published by NoOnHR1249

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Published by: NoOnHR1249 on Jun 15, 2011
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06/15/2011

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1 
Inventors Network of the Capital Area
P.O. Box 18052Baltimore, Maryland 21220April 18, 2011The Honorable John A. BoehnerSpeakerUnited States House of RepresentativesDear Mr. Speaker:We are a local D.C. area group of small business and entrepreneurinventors. We are writing to you about
the patent reform bill,
 
H.R. 1249
. Weare deeply concerned that
its proposed “First to File” (FTF) provision has anoverlooked but unusually dangerous defect that seriously threatens ournational defense
. Although most of H.R. 1249 is almost incomprehensibleexcept to the small inner circle of patent attorneys who drafted it, the nationalsecurity defect is simple for anyone to understand, with a little background oncyberspace espionage.Our principal competitor in technology is China. China is widelyacknowledged to be the world leader in industrial espionage. China
!
s advancedcyber espionage capability has allowed it to break into the most secure U.S.military networks repeatedly. Far less secure is the Internet, which is effectivelydefenseless against the kind of sophisticated state-sponsored industrialespionage already underway on a massive scale. Even technology leaderGoogle was successfully attacked by China with impunity. Moreover, non-statesponsored cyber criminals have already shifted their main focus to stealing andselling the intellectual property of global organizations.This extreme vulnerability to cyberattack is unlikely to change anytimesoon. The U.S. Department of Defense is heavily focused elsewhere, primarilyon its own offensive cyber capabilities, based on the conventional assessmentthat effective network defense is technically impossible. The DefenseDepartment has no authority over civilian networks anyway. No current privatesector cybersecurity system is capable of providing an effective defense againstthe existing excessive cyberattack vulnerability. All of this is public knowledge.*
In this unfortunate real world situation today, the new “First to File”provision threatens all individual and corporate Research & Developmentin America, the backbone of our national defense and economic security.Under the FTF provision of H.R. 1249, Chinese hackers who stealU.S. R&D secrets can easily become the very first to file U.S. patentapplications covering those technology secrets and thereby own that newU.S. technology even in the U.S., instead of now just being able to copy itin China.
China could own the new jobs worldwide in the entirely new industriesthat develop those stolen U.S. technologies. China could even legally exclude aU.S. company that actually invented a new breakthrough technology fromdeveloping or using or selling that U.S. company
!
s own invention in the U.S.
 
 
2 
Defense technologies would be the prime target of this threat
. Thecyber espionage branch of the Chinese Army could break into NorthropGrumman (again), steal newly invented secret weapon designs, immediately filethe very first U.S. patent applications, and then use U.S. patents to stop NorthropGrumman from ever using their own newly invented weapons anywhere, even inthe U.S.
Under the FTF provision of H.R. 1249, the U.S. patent systemwould become the most effective weapon in the Chinese arsenal,effectively disarming America in legal preemptive strikes.
 Ironically, the Chinese Army would be enabled by FTF to function as a
giant super patent troll
, funded by the vast sovereign wealth of China, with fargreater powers of U.S. economic destruction than any of the relatively tinyalleged patent trolls whose activity H.R. 1249 is designed to restrict.
The FTF of provision of H.R. 1249 thus creates an unimaginably hugenew incentive for industrial espionage in the U.S. by China and non-statecybercriminals that directly threatens U.S. national defense and economicsecurity in an entirely new and highly dangerous way. The probabledamage is severe and far outweighs any possible legal benefits.Rather than supposedly providing U.S. patent law with a longoverdue update to deal with the brand new, utterly transformative Internetdigital technology of the 21
st
Century, the FTF proposal is so old that it hasbeen made obsolete by the Internet itself
. The FTF provision was firstproposed in the Johnson Commission report of the late 1960
!
s, which predatedall but the most primitive computer networks, and then was proposed again in theMossbacher report of 1992, which predated the widespread use of the Internetand the World Wide Web.
 In conclusion, the “First to File” provision of H.R. 1249 has classicunintended consequences of a scope that goes far beyond patent law andfar outweigh any presumed improvements in that limited legal area
. TheU.S. is under no international obligation whatsoever to expedite this entirelyvoluntary major change in its national law. Therefore, a careful and unbiasedevaluation of this serious and logically inevitable threat to U.S. national defenseshould be made by the responsible House Committees before any further action.
The only House action that is necessary now is to refer H.R. 1249 toat least the Armed Services Committee, the Homeland Security Committee,and the Permanent Select Intelligence Committee for appropriateevaluation of the dangerous threat to our national defense posed by theFirst to File provision.
Much more than patent law is at stake. At the sametime it should be evaluated by the Crime, Terrorism, and Homeland SecuritySubcommittee of the Judiciary Committee, as well as the House Foreign AffairsSubcommittee on Oversight and Investigations.
 
Sincerely,The Below Signed Members of the
Inventor Network of the Capitol Area
 
3  Natalie YoungPaul Weir Chris CarlinE.P. WilliamsErnest M Danderfor Donald R. Wulfinghoff Glen KotapishMaurice DanielVargashak VartanianMichael MedhinRichard HansenA. Crystal WilliamsLeslie WilsonGeorge R Miller Frampton Ellis
* See the Following Related Background Extracts and Links to Full Articles

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