The Individual Inventor
by James Constant
Article 1 Section 8 of the Constitution calls for Congress securing inventor's rights. Neither the issuance of a patent by the Patent Office or the litigation of patents in the courts secure inventor's rights. By enacting its corporate endorsed patent laws Congress shifted its constitutional mandate to private corporate patent infringers and the courts.
If we look at Article 1 Section 8 of the Constitution it will seem obvious that the constitution "guarantees" inventor's discoveries. After all, patents are granted under laws enacted by Congress and, therefore, absolutely deserving of a presumption of validity. I emphasize "absolutely" because Congress secures nothing. Urged by powerful corporate interests, Congress has shifted its constitutional mandate to corporate patent infringers and the pay to play courts. The latter are designed to resolve patent disputes between corporate entities and guarantee nothing to small inventors except the right to to enter the court system, as cattle enter abattoirs.
Getting and enforcing patent rights nowdays involves great costs and time. When the small inventor goes to court he must do so with his own funds while his corporate adversaries use their investor's and taxpayer's money and, in court, he faces a myriad of laws, rules and procedures, each of which provide opportunities for tortuous arguments and guarantee his chance of defeat. In law science has no standing.
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