By Randy dela Fuente | Founder | 7 min read

In the first installment of this series, I shared the story of Snapizzi’s origins—a journey fueled by passion and perseverance. In a subsequent post I highlighted the “punched in the face” moment that shattered our dream of licensing our patented technology to other companies in the industry.

In this post, I’ll share what I learned during my time in Washington, D.C., advocating for reforms in U.S. patent policy.

From Intellectual Property Loss to Capitol Hill Advocacy
A patent, in essence, is to an idea what copyright is to a photograph—a shield meant to protect its uniqueness and value. After our patent was invalidated, I deepened my understanding of patent law, uncovering the full extent of our exposure due to legislative changes and their impact on patent rights.

It became clear that while patents are designed to safeguard innovation, the system itself is riddled with obstacles that leave inventors vulnerable. And, unfortunately, it’s not by accident.

December 4, 2019—the day our patent was invalidated. I gave myself about 24 hours to process the disappointment. Then, I got angry. And I needed somewhere—and some way—to direct that energy toward something meaningful. I spent the next week researching, making phone calls, sending emails, and seeking answers—determined to understand not just what happened, but why it happened.

Those efforts led me to Josh Malone, the inventor of Bunch O’ Balloons. His invention was stolen by a notorious serial infringer. What followed was a grueling and costly legal battle, paired with an unwavering anti-corruption crusade, which ultimately led to a landmark $31 million award and the restoration of his patent rights. During this process, like me, Josh also became involved with US Inventor and their efforts to restore patent rights for inventors. You can watch a documentary about his fight to save his dream on Amazon: Invalidated: The Shredding of the U.S. Patent System.

I’ll never forget Josh calling me on that Sunday night, taking time away from his family to help me make sense of what had happened. He painted a bleak picture for the outlook of our appeal to the Court of Appeals Federal Circuit as well as the general state of U.S. patent law. And rightfully so.

Although it certainly wasn’t what I wanted to hear, I was inspired by our conversation. I felt that even if I couldn’t save our patent, I might be able to save other inventors from going through the same thing.

I found myself with one of life’s most important elements—purpose. And I plunged headfirst into advocacy.

Less than two months after our patent was invalidated, I found myself walking the halls of Congress with Josh on behalf of US Inventor and all of the other inventors across the country who’ve had their ideas stolen.

We shared our stories with Senators, Congressmen, and their staff, advocating for change. I also had the opportunity to share my story with the USPTO Director, Andre Iancu.

In the years following our invalidation, I attended many rallies, protests, Congressional hearings, and meetings with lawmakers and stakeholders.

Throughout this time, I also met and learned the stories of countless inventors across this country that encountered a similar fate as ours. And almost all had a single common thread—They were up against deep-pocketed corporations practicing “efficient infringement“.

Efficient infringement, in simple terms, means it’s cheaper for a large corporation to litigate rather than license, with a patent owner. Additionally, their chances of getting a patent invalidated are very good given the current state of U.S. patent law, as detailed in my prior post.  Over the last decade, private equity groups with the aforementioned deep-pockets have acquired almost all of the major players in the photography space. And when they’re up against a small inventor or company without the resources for expensive IP litigation—which often costs $500,000 or more—they know it’s just a matter of time before we’re forced to tap out. 

Parallels Between Intellectual Property and Photography
As I’ve navigated the world of IP advocacy, the parallels between intellectual property and photography became clear. Both are deeply personal endeavors. Just as a photographer captures a moment in time, an inventor captures an idea—a spark of creativity that has the potential to change the world. Or at least the market that their invention occupies.

But here’s the thing: both photography and invention require more than just creativity. They require protection. A photograph is more than just an image; it’s a piece of art that belongs to its creator. Similarly, an invention is more than just an idea; it’s the product of countless hours of hard work and dedication. Without strong IP protections, both are vulnerable to being copied, stolen, or undervalued.

Change on the Horizon
As I continue to advocate for meaningful reform in U.S. patent policy, there’s reason to be hopeful. Last Congress, three key bills were introduced that could significantly improve the patent system for innovators like us. While they didn’t pass in the previous session, I’m optimistic that these bills will gain traction quickly in the new session and bring much-needed change. Here’s a quick overview of the bills to watch closely:

1. S.2140- Patent Eligibility Restoration Act of 2023 (PERA)
   PERA seeks to clarify and restore patent eligibility for critical innovations, particularly in fields like biotechnology, diagnostics, and software. By providing clearer guidelines, it aims to reduce uncertainty and foster innovation across industries.
2. S.2220 – PREVAIL Act of 2023
   The PREVAIL Act focuses on reforming the Patent Trial and Appeal Board (PTAB) to create a more balanced and efficient process for resolving patent disputes. It aims to curb abusive practices while protecting the rights of patent holders.
3. S.4840 – RESTORE Patent Rights Act of 2024
   The RESTORE Act aims to strengthen patent rights by restoring the ability of patent holders to seek injunctive relief—a court order to stop infringement—in cases where their patents are being violated.

These bills represent a significant step forward in addressing the challenges faced by innovators and patent holders. While the road to reform is often long, I’m hopeful that this new session of Congress will prioritize these critical changes. 

When creators are empowered to protect their work, they’re more likely to take risks, push boundaries, and bring groundbreaking ideas to life. But when the system fails them, it’s not just their loss; it’s a loss for society as a whole.

Looking Ahead
Whether you’re an inventor, a photographer, or an entrepreneur, the road to success is rarely easy. But it’s those challenges—those “punches in the face”—that shape us and push us to be better.

In the next installment of this series, I’ll explore the catastrophic crash that led to the rebirth of Snapizzi. Little did I know the worst two weeks I’d ever had with Snapizzi would reignite the fire inside to get back to building the best product on the market to automate the workflow for high-volume photographers.

Until then, I encourage you to think about the role of creativity and protection in your own work.

 

Posts in this Series

Snapizzi’s Odyssey: From Vision to Industry Standard and Beyond

Part I: Everyone Has a Plan Until They Get Punched in the Face

Part II: Losing the Patent, Gaining a Mission: My Fight for Change in DC

Part III: Coming Soon!

Part IV: Coming Soon!

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