Citizen Initiative Aims to End War on Extraordinary Technologies – Jeff Peckman
Would you vote to end the suppression of clean energy technologies and cures for deadly diseases? Imagine the following question on an official election ballot in your city.
“Shall the voters for the City and County of Denver adopt an Initiated Ordinance, and in connection therewith, require the city to issue patent protection for extraordinary technologies, and affirm the legality of research, development, manufacturing, marketing, sale, possession, and use of extraordinary technologies?” Yes___No___
You probably won’t find politicians, activists, or protesters talking about ending the suppression of extraordinary technologies – not even the new youth activist groups. This series of articles is not meant to incite anger but raise awareness and inspire hope and action. We are responsible for what happens in our “government of the people, by the people, for the people…” In other words, “the ONUS of good government is ON US”, as emphasized in POWER UP – How to Create a Solution-Based World in 100 Days.
Below is the full text of the proposed law related to the ballot question above. The Denver City Attorney’s Office and City Council approved it on March 7, 2019 for a citizen petition to collect signatures that would place it on the election ballot. I am the author and chief proponent, and originally shared this idea in POWER UP.
Title and text of a proposed ordinance for “Protecting Extraordinary Technology”
“Be it enacted by the People of the City and County of Denver
The Code of the City and County of Denver is amended by the addition of a new article to read:
Article ___. PROTECTING EXTRAORDINARY TECHNOLOGY
Sec. ____. Definitions. As used in this article.
(1) Extraordinary technology means areas of innovation including, without limitation:
- Industry forming/influencing inventions that are pioneering in scope
- A motor or power plant, which has exceptionally high, non-polluting, non-hazardous, and sustained energy output relative to input
- Inventions of demonstrated efficacy, (i.e. produces an intended result of value and usefulness), even if they appear to violate the predominant scientific understanding of physics or chemistry (e.g. antigravity, faster than the speed of light, accessing dark energy, etc.)
- Room temperature superconductivity
- Anti-global warming devices or any other device operating at the global scale
- Methods or compositions for prolonging life or preventing aging
- Prevention or curing of diseases previously considered impossible to prevent or cure, such as cancer, AIDS, HIV infection, dementia, Alzheimer’s, etc.)
- Treatments to enhance intelligence
(2) Patent means a property right granted by the City and County of Denver to an inventor to exclude others from making, using, offering for sale, or selling the invention throughout the City and County of Denver or importing the invention into the City and County of Denver, for a limited time in exchange for limited public disclosure of the invention when the patent is granted.
Sec. ____. Declaration of findings and intent.
The People of the City and County of Denver hereby declare that the unfair, if not illegal, suppression by the U.S. Patent and Trademark Office (USPTO) of cures for diseases, cleaner energy and other extraordinary technologies, has resulted in unnecessary suffering and death to tens of millions of people and vast environmental destruction throughout the world. Examples of suppressed technologies are viewable in the Gallery of Clean Energy Inventions.
It is urgent and necessary to protect “extraordinary technology” research, development, marketing, use, intellectual property rights, inventors and access to a fair and open market. This will affordably ensure human and environmental health, energy security and independence, job creation and economic strength, and significantly reduce deadly air pollution, and fires and floods related to climate change.
The possibly illegal secret USPTO Sensitive Application Warning System (SAWS), used during 1994-2015, delayed targeted patent applications indefinitely without explanation to patent applicants. Targeted applications included: [Source: USPTO]
- “Anti-Global Warming devices or any other device operating at the global scale”
- “Motor, Power plant, or other device which is self-sustaining (perpetual motion) or appears to violate the laws of chemistry or physics”
- “Claiming prevention or curing of diseases which were previously considered impossible to prevent or cure.”
- “Applications which would potentially generate unwanted media coverage (i.e., news, blogs, forums)”
The SAWS program so secret that it was not mentioned on the patent office website nor in the detailed 1,500-page Manual of Patenting Examination Procedure. A Denver intellectual property legal firm exposed SAWS through the news media in December 2014. The USPTO claimed in March 2015 that it would end SAWS. However, statutes and other rules still allow the USPTO to unfairly, if not illegally, target and delay patent applications indefinitely.
Federal preemption of lower courts regarding federally issued patents does not prohibit any U.S. county or state from issuing patents, within their jurisdictions, for technologies that the USPTO has chosen to unfairly or illegally obstruct or delay.
Creating a safer haven for extraordinary technologies could make Denver a robust epicenter of “next big things”.
[Certain information in this declaration of findings stems from documented and historical facts included in the following: SAWS-FOIA-Response, POWER UP – by Jeff Peckman, Hidden Energy – by Jeane Manning and Susan Manewich, and The Gallery of Clean Energy Inventions.]
Sec. ___. Protecting Extraordinary Technology
1. The City and County of Denver shall provide expedited issuance of patents for extraordinary technology, giving highest priority, without being a prerequisite, to categories of patent applications that were, or continue to be, unfairly or illegally obstructed or delayed by the U.S. Patent and Trademark Office. Funding for processing patent applications and issuing patents shall be obtained through application fees, or otherwise, as determined by the City and County of Denver.
2. The City and County of Denver shall affirm through a public proclamation and general policy, the legality of research, development, manufacturing, marketing, sale, possession, and use of extraordinary technology, regardless of patenting status.”
[Note: for brevity, common legal jargon related to “Implementation and Enforcement”, "Effective date", and "Severability", have been omitted.]
Some people will argue that Federal law would not allow this local patent office, or that inventors would have no reason to get a patent within only one city. However, upcoming articles will invalidate those arguments.
- “Patent Office’s Silly Excuses for Suppressing Extraordinary Technology”
- “Why Citizens’ Local Patent Office Trumps Federal Preemption”
- “How a Trump Tweet Could Upstage Green New Deal”
Until next time, POWER UP!
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