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Theft of the Declaration of Independence: How it Affects Our Patent System

Theft of the Declaration of Independence: How it Affects Our Patent System

There are people who are trying to steal the United State Declaration of Independence, not by taking the physical document, but by making it meaningless.  This effort is lead by both side of the political aisle, but is being accelerated at an alarm pace by the Obama Administration.  The arguments used to destroy the ideals found in the Declaration of Independence are also being used to destroy our patent system.

The Declaration of Independence contains three very radical concepts in the first part of the second paragraph reproduced below:

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.–That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed

These concepts are; 1) people are equal under the law, 2) people have the right to pursue their own happiness, and 3) government derives its power from the people.

People are Equal Under the Law

This is clearly not true in the United States today.  For instance, if you gave a big enough campaign contribution to the Obama Administration you received special favors.  See Solyndra’s $500M bailout.  WilmerHale and The Medicines Company lobbied Congress for a special provision in the America Invents Act (AIA) that got WilmerHale out of a $200M malpractice case and extended the patent term for the drug Angiomax.  Section 10 of the AIA was a special provision that only applies to Wall Street.  This section essentially ensures that big Wall Street banks do not have to compete on innovation, they can just copy it.  The eBay decision enshrines the idea that some people’s patents are worth more than other peoples.  Like Animal Farm some of us are more equal than others.

People Have the Right to Pursue their Own Happiness

This is a radical idea not found outside the United States.  This idea is constantly under attack.  President Obama tells us we are our brother’s keeper, implying that our reason for existing is to serve others.  As the above statement by President Obama proves, the right to the pursuit of happiness is not a Christian concept and is not found in any other religion, country, or philosophy.  The whole welfare state is an affront to this idea and shows that if you package slavery correctly people will happily enslaves themselves.  In patent law we are constantly bombarded with the idea that once the idea is created, the inventor provides no value and should receive nothing.  “Information wants to be free” we are told – inventors have no right to their happiness, they exist only to serve society.

Government Derives its Power from the People

This concept is that government is here to serve the people and is subservient to the people.  The book Throw Them All Out, by Peter Schweizer, clearly demonstrates that government officials believe we exist for their benefit.  This concept implies that government actions have to be clearly allowed by the law and private actions are legal unless clearly and specifically forbidden.  The EPA, IRS, FCC, etc. all prove that we no longer take this concept seriously.  The diversion (theft) of patent fees (private funds) sent to the Patent Office for the purpose of having one’s patent application examined is an example of how this concept has been turned on its head.  A private attorney who took money for one purpose and then used it for another purpose would be charged with fraud and conversion, but the government justifies their action as necessary for budgetary control of the Patent Office.  The problems plaguing our patent system are derived from the same problems that are plaguing our country.


THE IDEAS underlying the Declaration of Independence are anathema to the Obama Administration and quite frankly to most people on both sides of the political aisle.  These ideas are not found in any religion – including Christianity.  These ideas are the unique result of the application of reason to man’s nature, known as Natural Rights.  Because they are consistent with man’s nature, the US became one of the wealthiest and happiest nations ever to be visited upon man.  Unfortunately, it is on the brink of disappearing.

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