Thursday, April 23, 2009

Fourth Letter to Mr. Obama on April 21, 2009

President of the United States of America

Barack Obama

The White House

1600 Pennsylvania Avenue NW

Washington, DC 20500

Phone: 202-456-1414




Dear Mr. Obama,


My ‘scientific discovery’ came up from a simple Hydrogeological insight that I could have and advanced artificial porous interface to connect two hydraulic zones, saturated in the bottom and unsaturated on the top for a self-supplying system. Even though, it took me around 3,000 experiments between 1997 to 2001 to gauge what I needed before setting um my claims by using a plastic and flexible interface expanding spatial hydrodynamic conceptions beyond our present boundaries. My patent US 6,766,817 is the first one to gauge Unsaturated Hydraulic Conductivity as 2.18 mm/s of fluid movement through an artificial porosity. Today my project is stuck because Patent Examiners are lay people in Hydrology and have no idea even what Hydraulic Zones are, letting flawed patents violate my claims hurting basic knowledge.


My former Brazilian institution EMBRAPA fired me in 1998 even I had a fair job I got on public contest, even it invested on my PhD at the US at Penn State University, even I was an outstanding student accomplishing my degree with honors in 3.5 years, even I had a scientific production three times over my peers, even I had bumped to a ‘scientific discovery’ to pursue, even I had a family of three young kids to raise. Now the most developed and powerful country in the world does not respect and honor my acquired rights over my patents. Torture, spreading obesity, bankruptcies, and economic meltdown are just consequences of many failures handling public interest in the US


Mr. Obama, it seems that we share more common grounds than anticipated. You lost your mother on a cancer fight. My wife just got breast cancer last March, an invasive lobular type II carcinoma. Her treatment started as a combination of chemotherapy and surgery. Unhappily, I got no money from my ‘scientific discovery’ in twelve years just because inept public employees in the most developed country in the world are not doing their jobs as required harming my family and my science – HYDROLOGY, even though, insistently, I have been warning them about their duties.


I have to be honest saying that I am disappointed with the patenting affairs. Unwise people outside their due expertise think that they can make scientific advancement by ignoring already available common knowledge from scientific literature.


Mr. Ortiz and Mr. Lopez Patent Attorneys at USPTO and my former partners assumed that the content of my PhD textbooks supporting my ‘scientific discovery’ were useless to face wealthy laypeople used to bend the Law and harm the functioning of society for greed. Those senseless people just ransacked the world economy showing how weak our leaders are to protect worldwide common interest. Gambling dynamics were introduced to lure unwise investors acquiescing to a broad ailing greed harming common sense by people pretending they knew what they were doing.


Even owning 45% of intellectual property rights by supporting my SCIENTIFIC DISCOVERY my partners abandoned my project on new conceptions in Hydrodynamic simply because government employees were failing on their duty and they assumed that science would relinquish to ‘talented people’ on Wall Street hurting simple coherence.


It is not acceptable that my issued patent US 6,766,817 is being broadly violated as by US 7,285,255 having flaws and issued by a Director Patent Examiner showing how much USPTO is neglecting advanced hydrological background from my new conceptions in Hydrodynamics and the PhD textbooks I learned in Hydrogeology. Mr. President the gross mistake can easily be verified by your daughters and my daughters, teens and infants.


Mr. Obama, China is sending to death penalty people who created toxic food while Americans are rewarding with bounty bonuses irresponsible people who created toxic assets.  Instead of sending to jail the architects of this outrageous economic meltdown you gave them bonuses for pushing the world toward a cliff vanishing around 50 trillion dollars in the global economy that no government can mend as trust is harmed on the core. People are being rewarded for derailing the economy from its track and shedding around 50 million jobs. All this could have been prevented by a simple policy: ‘investors must get their money back’, simply purging the economy from greed and fears that mars offer-demand premises of a healthy economic system.


Mr. President, my ‘scientific discovery’ is not something too innovative that takes time to be absorbed. I am employing common knowledge standing on scientific literature more than a century but people at the Patenting System as inventors, Attorneys, and Examiners are just ignoring common knowledge. Henry Darcy proposed Hydraulic Conductivity in 1856 and Unsaturated Hydraulic Flow was proposed by Edgard Buckingham in 1907. So far my patents were the first one to bring Classic Hydrology to the porosity functioning of fluidic devices. This hydrological functioning has been addressed by laypeople in around 23 thousand patents not aware of a classical Hydrological approach.


Leadership in the world is falling because you are not addressing the problems in the root to protect the principles. People are getting obese because they eat more than needed spoiling energy balance and their health. People get broken because they lose their investment from failing protection on their precious assets. My project is being harmed because there are no Hydrologists to handle Hydrology in the patenting affairs.


Americans want to lead the world and it is undeniable that the world is been led to a cliff as Americans spoiled the food system, the economic system, and many other balances with nature. The most powerful and advanced country that went to the moon and developed the atomic weapon has no power to curb the spreading of their bellies or even to be honest and fair on a global scenario damaging the economic order by greed and mismanagement. The misleading is easy to notice as spreading obesity, torture, economic meltdown and complete failure to support and respect science derailing man from its balance with nature.


For your concern I have no money in the Stock Exchange as I am neither negligent nor greedy to put saved resources on a fishy system that takes advantage of less smart people. My wife will get the best chance on her cancer fight, but recent research is showing that the business industry is also giving a hard outcome to cancer victims as screening is not increasing life survival. A recent study showed that 48 men were told they had prostate cancer, and needlessly treated for it, for every man whose death was prevented. With mammography, about 10 women receive a diagnosis and needless treatment for breast cancer to prevent one death.


It took me two long hours to convince a public employee at Penn State University at my second semester attending PhD there in 1993 that I would never collect a penalty for late payment of my fees of ZERO dollars.


Perhaps I should be more patient dealing with my ‘scientific discovery’ as issued patents by USPTO. But, it was filed on July 25, 2001, published on August 28, 2003 and becoming an issued patent on July 27, 2004. By now I was supposed to be handling some millions and hiring thousands if responsible people were doing their duties.


It does hurt common sense when my patents a sort of ‘scientific discovery’ is shamefully violated by flaws that even do not work taking place in a developed country.


Harming honesty and fairness will bring consequences as we are seeing it happening from misguided leadership around the world.


Mr. President, since 2006 in written communication I have been demanding USPTO to stop a massive infringement on my issued patent rights suggesting the following below:


1.       Hire Examiners with background in Hydrogeology and/or Soil Physics so that they have full comprehension of fluids moving on porosity;

2.       Cancel issued patents with scientific flaws. Obsolete patents are cancelled naturally by becoming outdated;

3.       Make a public statement about Hydrology negligence hurting all Hydrological community as well as my project that needs experts in Hydrology to protect the content of my issued claims.

4.       Compensate for my losses since as an inventor filing patents I was not expecting lay people handling hydrology in the examination process by USPTO.

5.       Since USPTO is failing to protect my IP rights my patents should be eligible for time extension of their expiration dates (new demand).


Nature blesses you and the United States of America.



Kind regards,


Campinas, Brazil, April 21, 2009





Elson Silva, Ph. D.

Av. Dr. Júlio Soares de Arruda, 838

Parque São Quirino

CEP 13088-300 - Campinas - SP - Brazil

Phone 55 *19 3256-7265





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