Obama Europeanizing Our Constitutional Patent Rights

Posted by on April 4, 2011 8:28 pm
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Categories: Patriot Dispatches Recommended

[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 of  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 multinational  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.

Marc Hodges

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
    Eagle Forum
  • 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
    Liberty Convention
  • Jim Martin
    60 Plus
  • 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
    Christian Coalition
  • 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
    Liberty Central
  • 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
    High Frontier
  • Jon Utley
    American Conservative Magazine
  • Star Parker
    Coalition for Urban Renewable and


9 responses to Obama Europeanizing Our Constitutional Patent Rights

  1. Ron Robinson April 4th, 2011 at 9:02 pm

    Marc, welcome, and congratulations on getting your inaugural post promoted – we only do that for writings that really deserve it.

    As as software developer and nascent ‘inventor’ who holds a provisional patent or two, I know the value of intellectual property. Strong (very strong) protection of intellectual property is one of the major factors that made the US the richest country in the world.

    Why give it away? Because the emerging ‘one world’ government does not believe in private property rights.

  2. Marc Hodges April 4th, 2011 at 9:50 pm

    Hi Ron,

    Glad to be here and thanks for your support. Your comment neatly summarizes the state of affairs.

  3. texasgalt April 4th, 2011 at 10:30 pm

    Thanks for bringing this important issue to our attention. Zero is diabolical.

    Look forward to hearing more from you.

  4. mriggio April 4th, 2011 at 11:17 pm

    Thanks Marc, great job! I just shot off an email to my Rep, Aaron Schock, asked him to vote against, signed as a precinct committeeman; we’ll see how he does. Would’ve missed it entirely without your dispatch!

  5. lineholder April 4th, 2011 at 11:28 pm

    Marc, thanks for this information. My rep is a Dem in a district that made the “10 most gerry-mandered districts in the USA” list. And even though one of my Senators is a Repub, he’s milque-toast at best. But we have a new group leading our local GOP in the county…a fired up “boots on the ground” conservative kind of group. I emailed this on to them and asked that they spread the word.

  6. nessa April 5th, 2011 at 12:24 am

    Its a thorough plan this sniveling little commie weasel is enacting, thanks for the heads up! Hope to see you around here more often!!

  7. vassarbushmills April 5th, 2011 at 5:58 am

    Corporate statist = fascist. Sounds right.

  8. Rogue April 5th, 2011 at 12:35 pm

    Important post glad it was promoted.
    We shouldn’t leave this with just the left. It was Republicans who extended copyright protections under President Bush so Disney could retain rights to Steamboat Willie and by extension Mickey Mouse.
    Copyright and patents were supposed to protect for a limited duration to ensure creators we’re protected and rewarded for their efforts.
    This was purely a gift to a massive corporation and did nothing to help the long dead creator i.e. Walt Disney.
    More on that front we have this article https://news.yahoo.com/s/nm/20110404/wr_nm/us_usa_trade_websites
    Further extending the corporate power regarding intellectual property. Federales shutting down sites without any notice has already occurred, this will make it commonplace. Not that I oppose protecting IP but due process must be preserved.

    Now we have what you discuss regarding patents. Using a first-to-file system will reward corporate espionage by protecting the thief unless the inventor can prove he was victimized.

  9. Marc Hodges April 5th, 2011 at 4:12 pm

    Fellow Patriots-

    You guys are great! Thank you so much for your help. This really helps us.

    While I was writing this post yesterday, Obama’s head of the US Patent and Trademark Office, David Kappos (lately IBM’s top gun on IP- what a coincidence), was in London telling the Europeans that the goal of Obama’s America Invents Act is “global harmonization” and that killing our Constitutional First To Invent patent system is the way to get there. Here’s the eyewitness account:


    We have a shot at winning this one. All the members of the House (D and R) need to hear about this, especially the new conservative GOP House members. The grassroots is the only way to stop this legislation.

    I’ve got a banner ad in Drudge hitting the scene shortly that will go nationwide but with extra distribution in Ohio (Boehner) and Virginia (Cantor). Ad will emphasize that it’s time to follow the Constitution.

    And, I’ll be boots on the ground in Ohio from April 14th to the 20th meeting with real Americans about this.

    Any Unified Patriots in Ohio please email me at defendmyrights@americasjobcreators.com. I’ll reply with my personal email address. I’d like to meet with you while I’m there.

    BTW, your team’s precinct committeeman strategy is dead on accurate. I’m in.

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