Eagle Forum Legislative Alerts

Wednesday, December 26, 2012

Bravo To a Real Inventor

For more than 200 years, our U.S. rule about patents has been, as required by the U.S. Constitution, that the person who first invents something has a right to patent it. Patent rights attach to the inventor, not to paper-pushers who may rush to a government office and try to file first with papers about the invention. But lobbyists for big corporations have long wanted to change our rules, and the current Congress passed a law that gives the corporations what they want. Congress passed what is called the America Invents Act, which was signed into law by President Obama in 2011. Patent rights are now based on who files documents first with the Patent and Trademark Office. This new law rewards paper-pushers rather than real inventors.

Imagine Thomas Edison not being able to get a patent in the light bulb because someone else rushed to a government office and filed documents first. The patent clause in the U.S. Constitution was meant to encourage and reward real inventors, not paper-pushers. This constitutional provision was unique when it was put into our Constitution, and it is still unique in the world today. It's the main reason why the United States is responsible for nearly all the world's great inventions.

Fortunately, a real inventor has filed suit against this new law, pointing out that it is unconstitutional, and he has top legal talent to back up his claims. The inventor is Mark Stadnyk, and his arguments make perfect sense. His lawsuit explains that the Framers of the Constitution were clear that it is "Inventors" who should have "the exclusive Right to their ... Discoveries." Our Founding Fathers inserted our unique patent clause in the Constitution to protect and encourage invention and innovation, not bureaucratic gamesmanship. Bravo to the real inventor who is standing up against the unconstitutional law passed by Congress.

Listen to the radio commentary here:

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