Obama Europeanizing Our Constitutional Patent Rights
[from the dispatches by haystack: This is WAY under the radar folks…so, say hello to Marc everyone…he’s new here but his organization bears watching and deserves our support wherever we can provide it]
Details at: www.americasjobcreators.com
Candidate Obama said he was five days away from fundamentally transforming the United States of America. Boy, he wasn’t kidding. I thought he was a socialist. Maybe corporate-statist is a better description.
As his onslaught of grossly anti-American and pro-European-style plans, policies and projects continues, it’s hard to keep track of them all. Here’s another, and here’s why this one really matters.
Obama, his Democrat allies, and many “tenured” Republicans are working with some of the world’s largest multinational corporations to “harmonize” America’s patent system with those of Europe and Japan by weakening America’s system (currently the best in the world) to match the systems used by these foreign countries.
Why care about patents? If we Americans can’t control the fruits ofÂ our own inventions and technology, our country is done.
Intellectual property (e.g. patents, copyrights) is the currency of the new economy. But it’s crucial importance was recognized long ago by our founding fathers.
Back when they wrote the Constitution, the fathers specifically included the revolutionary idea of awarding patents not to the king’s favorites such as was common practice elsewhere, but to the individual person who actually came up with the invention. This is known as the First To Invent patent system and was established by Article I Section 8 Clause 8 of the Constitution, which states:
“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.”
In the same way that a gun in the hands of a woman is “the equalizer”, this radical approach to patent awards instantaneously leveled the playing field between the little guy building the dream technology of tomorrow in his garage and the giant entrenched interests that always seek to dampen disruptive innovation to protect their market share. By awarding patents to the actual inventor, our founding fathers incentivized innovation for everyone and unleashed the American know-how that has helped power our country’s economic and military success for over 224 years.
Who benefits most from America’s Constitutional First To Invent patent award system? The little guy, the small, medium and independent businesses, the innovators, America’s middle class, the people who, literally, fought for and built this country and made it great, the people who live in and are loyal to this country. (Come to think of it, I just described the grassroots of the TEA Party movement).
Under Obama’s latest plan (S23 and HR 1249 America Invents Act), the U.S. will adopt the European system and award the patent to the first entity to file an appropriate claim to new technology. Given the cost, complexity and delay of the patent filing process, this First To File patent system will tilt the playing field sharply in favor of large multinationalÂ entrenched business interests. Then, America’s technology, industries and jobs will move even more quickly overseas.
In this master stroke, Obama rewards his large corporate donors (think General Electric which is a big proponent of Obama’s patent plan) with a cheaper and easier way to steal American technology and take it overseas. And, Obama simultaneously undercuts the small and independent business people that are the core of the TEA Party and reduces private sector manufacturing jobs thus forcing more voters into government employment, onto the dole, and into ObamaCare. And, he gets to weaken America’s economy and military, all at the same time. Brilliant.
The great majority of legal scholars who have examined Obama’s First To File patent system have concluded that it violates Article I Section 8 Clause 8 and is unconstitutional. No scholar has yet asserted that First To File is constitutional. But, as I re-discovered two weeks ago in my first trip back to DC in 20 years, Congress doesn’t care much about what the Constitution says.
Like ObamaCare, ObamaPatent is an unconstitutional and unholy alliance between big government and big business screwing the rest of us.
This legislation is moving fast. S23 has already passed the Senate and its House equivalent, HR 1249, is moving quickly.
There’s no time to lose. Analysts agree that the only ones who can stop ObamaPatent now are America’s Constitutional conservatives.
We need your help. Pass this information on to your people.
Find out more at www.americasjobcreators.com.
Founder, Maui TEA Party
Co-founder and first (now former) President, Hawaii TEA Party
Conservatives that have joined the coalition to stop ObamaPatent include:
- Phyllis Schlafly
- Edwin Meese, III
Former Attorney General of the United
- Kevin L. Kearns
US Business and Industry Council
- Morton Blackwell
Chairman, Weyrich Lunch
- Colin A. Hanna,
Let Freedom Ring
- Larry Hart
American Conservative Union
- Dr. Richard Land
Southern Baptist Ethics and Religious
- Jim Martin
- C. Preston Noell
Tradition, Family, Property
- Larry Pratt
Gun Owners of America
- Ron Pearson
Council for America
- Susan Carlson
American Civil Rights Union
- Jim Backlin
- Kenneth R. Timmerman
Author and Former President,
Maryland Taxpayers Association
- Col. Charles Thomann (Ret.)
Patriotic Veterans, Inc.
- Frank Gaffney
Center for Security Policy
- Paul Caprio
Family PAC Federal
- Gary Aldrich
- William H. Shaker
- Jeff Gaynor
Americans for Sovereignty
- Dr. John Holmes
Association of Christian Schools
- Suhail A. Khan
Conservative Inclusion Coalition
- Peter Knickerbocker
- Ambassador Henry F. Cooper
- Jon Utley
American Conservative Magazine
- Star Parker
Coalition for Urban Renewable and