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Tuesday, June 26, 2007
Phyllis Schlafly :: Townhall.com Columnist
So-called patent reform cheats U.S. inventors
by Phyllis Schlafly
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The unconscionable delay in processing patent applications resulted when Congress diverted the fees paid by inventors into pork and other pet projects. That meant the Patent Office could not hire the additional examiners it needed to process the rising number of domestic and foreign patent applications, and so a massive backload built up.

What recourse does the inventor have? If the infringer is in another country (China is a notorious thief of intellectual property), the U.S. inventor must have filed a patent application in that other country and the lawsuit must be filed there.

The proposed Patent Reform Act of 2007, sponsored by Sens. Leahy and Orrin Hatch, R-Utah, and Reps. Berman and Lamar Smith, R-Texas, would further reduce inventors' rights. For the sake of "international consistency," it would convert the U.S. system to a "first to file" system, thereby replacing our unique and successful U.S. "first to invent" system.

The U.S. gives priority to the first one who actually invents something rather than to one who simply files papers about what he plans to invent. The change to "first to file" would create a race to the Patent Office and would severely disadvantage the small and independent inventors who lack the resources of big corporations.

Much more is wrong with the Patent Reform Act of 2007, but I've run out of space, so stay tuned.

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About The Author

Phyllis Schlafly is a national leader of the pro-family movement, a nationally syndicated columnist and author of Feminist Fantasies.
 
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Trevor
Trevor writes: Thursday, June, 28, 2007 12:35 PM

"The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and PROVIDE for the common Defence and GENERAL WELFARE of the United States;"

Agree - the context here is the US as an entity, not the people.

"As for inventions before patents, what are we talking about?"

Your answer and mine were apparently not good enough.


Rich D.
I know you're on my side here, but I wanted to correct your correction of me:

Rich D.: "It's 'promote', not 'provide' the general welfare (as it is for defense), so the intent is clear."

Yes, the PREAMBLE says "promote the general welfare". I wasn't referencing the preamble. I was referencing Article I, Section 8, the first sentence of which reads:

"The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and PROVIDE for the common Defence and GENERAL WELFARE of the United States;" (emphasis mine)

The preamble is brilliant, and thanks to Schoolhouse Rock on Saturday mornings, is the only part of the Constitution that is memorized (though in a slightly incorrect form) by any significant percentage of Americans. But the preamble does not actually carry any weight. It is simply a statement of the reasons why the Constitution was written. It is the power granted to Congress in Article I, Section 8 that is used by liberals to justify their wealth re-distribution schemes. Of course, they are STILL mis-interpreting the clause, because they don't understand (or they just ignore) the word "general"

Regards,
Trevor
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