User Posts : The Northwest Voice

A Political Lesson From the Greeks

Something about Obama's nomination as the Democratic presidential candidate is troubling. During the Democratic National Convention in the last presidential election and in the recent debate, he was confident, eloquent, prepared, politically savvy, and young, very young. Not quite as surprising, but still a surprise for many, is the Republican nomination of John McCain, who is also older, much older.

No one can deny the latter's experience and devotion to this country. Mr. Mccain has earned his stripes, both physically and figuratively. He is not many Republican's choice but there is a certain amount of deferential respect that comes from graduating from the Naval Academy, serving in the military, surviving
as a prisoner of war, working in business, and as a politician who has not been afraid to cross party lines on principle.

As to the former, it is not quite so clear. When you read between the lines of Mr. Obama's "experience", there is not much there. Although he has a law degree, he only practiced law for several years. (Much of that part time as he was already engaging himself in state elections) His real forte has apparently been an early involvement with a racially based non-profit, law degree, as a state politicion, and, for the last four years, as a United States Senator. That's it.

But, that's not what troubles me. What is troubling is how someone so young and inexperienced could capture so many American's attention in so short a time.

This gap between the candidates reminds me of the writings of Plutarch, an early Greek historian. PLutarch wrote a famous history called "Plutarch's Lives" of various prominent persons who lived before and during his life. Two of these lives are particularly illustrative of our own recent presidential nominations because of how each of them reached their positions. Although the circumstances surrounding their respective "nominations" are different, each of their allure on their respective societies are similar.

The first of these is a person names Alcibiades, a young, brash, confident, well-versed Athenian who captured the hearts and minds of our first democracy,
and even the fancy of Socrates himself. As Plutarch writes, Alcibiades "had the highest capacity for discerning what was the right thing to be said for any purpose and on any occassion...[and] in saying it well." He was also one who "inflamed" the Athenians' desire. Alcibiades also had a knack for saying and doing things that got him into trouble but, as Plutarch wrote "They love, and hate, and cannot do without him."

By contrast, Nicias was a "matured" general who was considered by Aristotle one of the three finest Athenian citizens. He was considered wise and humble and
one who did not attribute his successes to himself but "thanked fortune for all." Nicias also was not written as an historically perfect general but still, one who captured much respect from his peers and so remained in power for a long time.

Nicias was able to make peace with the Spartans where Alcibiades failed because of how Nicias artfully treated their prisoners of war. When both were at their peak of prominence, the Athenians were in an armistice with the Spartans. They were supposed to be shoring up their weapons and defenses until the armistice ended at which time they would go back to bludgeoning one another. Instead, Alcibiades excited the Athenians to attack the Syracusians, despite the public warnings of Nicias.

Yet, and for all Nicias' respect and admiration by his people, he was unable to successfully convince the people to forego war with the Syracusians and, was unable to combat the overwhelming support given by the people to Alcibiades. Long story short, tHe Athenians went to war, a scandal ousted Alcibiades from power,they lost, and the Spartans eventually overcame them, defeating them entirely.

The facts are different, but the people are the same. We are now facing economic and international crises that requires those who know how to make peace and
war, based on wisdom, trust, and respect that has been earned, not given. We, like the Greeks, have escaped many bad leaders, but what troubles me, especially with what this country is now facing, is whether, like the Greeks, our luck may run out with another.

Believe it or not, Ron Paul

If you had asked me a week ago who Ron Paul was I would have guessed he was one of those strange libertarian candidates who do nothing but sit in a half-vacant office waiting for the next election and jump at any chance he gets to steal some airtime. Nothing could be further from the truth. Dr. Paul is a former military flight surgeon; former obgyn; one of four original supporters of Ronald Reagan; grandfather of 17; a strong pro-family and pro-life advocate; a former and current Congressperson from Texas; and now, a presidential candidate.

But all that was not what impressed me. Certainly, he agreed with many of my ideals but, as he indirectly points out, it is not my personal ideals that are necessarily important for the running of this government. If that were so, we would have more and more of what we have now. What is important, however, is that we uphold the Constitutional principles that we agreed to adopt over two hundred years ago and work within those principles for a better, more efficient, smaller government. If we do that, then we all win.

However, to do this, we need to rethink the way our governmental machine works and propose to honestly attack this grotesque beast that controls so much of our lives and our wallets. His implementation is dramatic by current thinking. Yet, every other candidate is a continuation of our machine - whether they know it or not. As he says again and again, we need to honestly look at our dire fiscal problems and do something about it now before it's too late. He has a plan that, as President, he would be able to implement. I won't say what it is because I don't want to steal too much of his thunder and is one much better viewed on YouTube or a website. But, what he advocates is true "change" and not just change for the sake of saying it. He is not the machine, but is a real, viable, honest statesman. I encourage, even challenge, those who have not heard him to just listen, there is no harm in that, and then decide for yourself.

A week ago I had no clue who I was going to vote for until I saw a lengthy interview with Mr. Paul. I am now unwavering in my support and know that it is not him that I will be voting for in the primary but the Constitution - the first thing a President swears to uphold.

Beyond inventing

For those who missed watching last year's FOX show, “American Inventor,” be prepared for round two. Because of their success with the show’s first season, FOX has now begun the screening process for finding the next mega-million dollar idea. Even PBS is getting into the act with their new series due out later this month called "Everyday Edisons."

As a patent attorney, I have seen an increased interest by clients and sometimes just the curious about ideas they are considering patenting. What I always appreciate about inventors - especially individual inventors - is their zeal and dedication to their inventions. It is hard not to get excited right along with them. However, what sometimes seems patentable isn’t and there is a lot of confusion about the patenting process and even its necessity for starting a busines.

The following are some points to consider:

• Have more than an idea: Most people do not understand that a patent application is a description of how to enable someone who is familiar with the technology to actually make the product. So often, I have inventors with patentable inventions but there are gaps in their descriptions that would get their application rejected without more disclosures.

• Be sure you have an invention: More often than not, those with ideas to fill a market need are not "inventive" because someone has already come up with the same idea. Typically, inventors will have performed a cursory search on the internet, but failed to search prior patents or other publications which can preclude them from getting a patent. This includes any publication anywhere in the world. Still, just because something is not patentable does not mean you cannot make the product (provided it does not infringe someone else’s patent) it just means you now cannot exclude others from making a patented product.

• File inventions as soon as possible: When my office is engaged to defend or prosecute an infringement action, the first facts we look at are dates of patent filing. Although the United States is unique in that we are the only country to base inventorship on the first to conceive of the idea, this is often difficult to prove. This leaves the filing date of the application as the critical date for enforcing or defending an infringement action and can make or break a case.

• Be prepared to invest money: Clients seem amazed at how much it costs to prosecute a patent application in addition to the government fees. Yet, patenting costs are nothing compared to the cost for creating and marketing a product and, the tremendous amount of time you will invest in promoting it. A client of ours is now spending close to two hundred thousand dollars for development, marketing, and manufacturing of a simple, consumer product. Further, and compared to infringement actions, patent costs are a fraction of the overall costs necessary to make an idea profitable.

• Be patient: The patenting process is slow. The United States Patent Office is overwhelmed and, if current trends continue, patentees can expect to wait two to five years to hear back from the Patent Office after they file their application. This might change based on recent policies and structural changes being implemented but, for the time being, it is the status quo.

• Be prepared to invest time: If you are not fortunate enough to have an investor to speed your product along, you will be doing a lot of work creating and promoting your product. The patenting process is only a small adjunct to the larger process of entrepreneurship which is all-consuming. A recent phone call from an inventor for whom I prepared an application for over four years ago and patented two years ago, has just now established the right connections for the potential to make his product lucrative. This was only possible because of the leverage his patent gave him over his competition but none of it came without a lot of “sweat equity.”

• Keep inventing: Somewhere out there someone is complaining that, "someone should do something about something." Your past ideas might not be patentable or marketable, but keep your ears open as there are always new problems to be solved.

If you are discouraged, you shouldn’t be. Most of the above obstacles have been in place since our economic system was set in motion. However, those who understand the patenting and business process, have realistic expectations, and have the right attitude, are the ones who eventually succeed – even if they don’t make it to the next round.