One Year Anniversary of Patent Reform: Two Reasons Why it is Un-Constitutional
Last Updated on Tuesday, 18 September 2012 11:04
Written by dbhalling
Tuesday, 18 September 2012 11:04
A year ago the pork laden so called Patent Reform bill known as the America Invents Act (AIA) was enacted.
First to File Provision:
To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.
The Constitution does not give Congress the authority to grant patents to the first person to file and doing so violates the exclusive Rights of inventors. The proponents of the AIA argue that it is really a First Inventor to File system, not a first to file system. This is nonsense. There is no such thing as being the second or third or ninth inventor. An inventor is the first one to create something. For more information see Lawsuit Challenges AIA’s Constitutionality.
Fee Setting Authority:
Article 1, Section 7, Clause 1 states.
All Bills for raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur with amendments as on other Bills.
The AIA gives the US Patent and Trademark Office (USPTO) fee setting authority. However, the part of the AIA that made sure that USPTO would be able to keep all its fees was removed by Representative Paul Ryan. Since it is very unlikely that the USPTO will keep all its fees, they are creating a bill for raising Revenue.
- Natural Rights: Objective, Subjective and Volition
- CLS v. Alice Oral Argument
- Adam Carolla and the Podcast Patents: The Real Story
- Interesting Academic Study on Value of Patents to Startups
- CLS Reply Brief: Alice v. CLS Bank Supreme Court
- Win a FREE Copy of Pendulum of Justice
- Are Patents too Vague?
- Halling asked to Speak at Atlas Summit 2014
- Book Review: The Nature of Technology
- Business Method Patents: A Solution?