The Federal Government’s Contempt for Patent System and Constitution
The Solyndra scandal demonstrates the Federal Government’s complete contempt for the Patent Office and the Constitution. The bankruptcy of Solyndra means that the federal government will have to pay out $535 million in loan guarantees. This means a single, politically connected company is going to absorb over half the shortfall in the Patent Office funding over the last two decades. If that money had been spent on the Patent Office it would have benefited thousands of companies and creating millions of jobs. Instead, this $535 million resulted in the employment of about 500 employees over a couple of years.
The right of inventors to their inventions, patents, is guaranteed in Article 1, Section 8, Clause 8 of the Constitution. The only rights mentioned in the original Constitution are the rights of inventors and authors. Congress has stolen over $1 billion in user fees from the patent office in the last two decades. The Patent Office is the only self funded agency in the federal government. This theft represents a tax on innovation and jobs. It now takes 3 years on average to obtain a patent and in areas of more complex technology it is not unusual for it to take 5-10 years to obtain a patent. If it took that long to obtain title to your house or car or stock you would think you were living in a third world country. Justice delayed is Justice denied.
The federal government thought it was a lot more fun to play venture capitalist for a green energy company than fulfill its Constitutional duties. Nowhere in the Constitution is the Federal Government given the power to play venture capitalist and this company is in no way is related to our national defense. This is a stark case of how far our government has strayed from the Constitution. They are funding companies without legal authority to do so and stealing user fees from the Patent Office which is their Constitutional responsibility.
The only way to increase our real per capita income is to increase our level of technology. In the United States that means we have to invent. Without a patent most technology startup companies cannot obtain funding. Without funding they do not create the new technologies that create high quality jobs and increase our standard of living.
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