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Expectant Prayers ®

Jennifer Jo Weiss

Patent Patience Pending OR The Problem with Patents!

I'm sounding off today about an issue that is bugging me:             

A few years ago, I set out to patent an idea that I feel the Lord gave me over 10 years ago.  I had a vision about this device (a medical device) being used on Medical Missions fields around the world.  It's a very simple, yet much needed apparatus. I received a patent pending, which was good for one year.  When it was due to expire, I felt lead to pursue full patent rights in order to someday manufacture (myself or by selling to a larger company) this device.

Fast forward a couple of years to today... I am almost complete with the patent process and yet AGAIN, my application get hits with another point of contention, this time on behalf of the examiner at the US Patent Office.  Said device had to have diagrams sent in with the application to depict what the apparatus actually does.  These needed to be to scale and show every aspect of the invention (around 15 aspects), which the company I previously hired did satisfactorily; with exception of ONE point.  On this one point, the examiner had to consult a different drawing in order to "understand" the feature.  To make it all worse, the feature that is in contention is a "possible added feature" and not at all critical to the overall integrity of the piece.  It could stand alone without that addition and probably will never need it.

Needless to say, I am frustrated that the enemy works so hard against Christians to destroy everything we set our hands to do; especially if it could impact the world!   Why does this patenting process have to be so difficult?  My lawyer didn't have an answer either!

So, on the phone with my lawyer... deciphering all the legal gobbledygook, which I have a hard time understanding.  This is getting to cost a pretty penny and this latest office action is destined to cost me even more.  I may end up getting an extension just to buy an additional month's time to pray and decide if we can invest more into this project!  If I don't move forward, the application for the patent is abandoned and the apparatus would become public domain instantly.  BOOM!  All that time, energy, and money down the drain.   My patent patience is pending!!!!!

Patents have been around a long time.  The original colonies were granted patent rights as early as 1641.  The United States was born during the Industrial Revolution and the founding fathers realized that technology and industry were vital to a growing nation.  The Constitution provided for a patent system (1776) and Federal Patent Laws were adopted by Congress in 1790.  In 1793, these laws were repealed and replaced with a longer version, created by Thomas Jefferson.  These are virtually the same laws we follow today for patents. 

Patent No. 1 was issued to Samuel Hopkins on July 31, 1790 for a new apparatus and process to make Pot Ash (America's first Industrial Chemical) and Pearl Ash.  The patent was signed by George Washington, Atty. Gen. Randolph, and Sec. of State, Thomas Jefferson!  Two other patents followed:  One for a new candle-making process and the other for Oliver Evan's flour milling machinery.  Since then, nearly 6 million patents have been issued! 

So why do we need patents anyway?  Well, this is a good question that I've been asking myself all morning.  Patent laws were originally designed to protect the product's designer and their ability to make, sell, and distribute their product.    Bottom line:  it protects money; the ability for one to earn money and to support their national economy...for industry to grow and flourish uninhibited.

I can't help but think that every time I have an office action and have to re-submit fees to the Patent Office that they are making out pretty well, too.  So far, there have been a lot of other people make money off of this idea... except me!!  I keep paying for it.  Mind you, I am in no way in this for the money... I just wanted someone take the idea and use it for the purpose God intended it.  For me, the patent process is one I felt needed to be done in order to expose the apparatus to the appropriate avenues for production.   I want people to benefit from this and I feel like God entrusted me to oversee it.  I don't feel like I'm doing a very good job today.

I am a Christian, and I see everything through spiritual "glasses".  To me, this is a bigger issue whether or not someone has a right to obtain a patent.  It's obvious to me that a world corrupt with lying, stealing, and corruption have forced us to have to create laws to protect ourselves.  I am not naive, I know we can't be blind to justice, but I feel the noose of liberty around my neck today and it seems to be getting tighter and tighter!  How many hoops does a person have to jump through to protect what THEY thought of??  This is insane.   

This is a time when God is going to have to do the fighting and go before us in this matter.  If He wants it accomplished, He's going to have to do it.  We can't do it and we're depending on Him to grant wisdom, patience, and endurance during this time.


Today is our 2nd day of Christmas break!  Hurray!


May God's favor and peace rest upon your heart today.  May His love fill you to overflowing!

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