Posts Tagged: patent clause


Patents, Copyrights and the Constitution, Perfect Together

James Madison — the fourth President of the United States and the father of the U.S. Constitution — wrote the usefulness of the power granted to Congress in …
By Gene Quinn
4 months ago 9

The Constitutional Underpinnings of Patent Law

The United States Constitution grants to the Congress the power to grant patents. The relevant portion of the Constitution is Article I, Section 8, clause 8. This clause uses …
By Gene Quinn
7 months ago 19

The Default Law of Joint IP Ownership

The popular media’s reports of the demise of IP rights (especially patents) are premature and greatly exaggerated. IP remains valuable to enterprises of all sizes and …
By Raymond Millien
2 years ago 1

California Dreaming and the Preposterous Posner Decision

How anyone with even the most fundamental understand of property rights and economics could say that infringing a patent does not result in a tangible injury is …
By Gene Quinn
6 years ago 9

First U.S. Patent Laws Were First to File, Not First to Invent

The reality is that from 1790 to 1836 patents were given to the first to file. Between 1836 and 1870 a panel of arbitrators would decide disputes between conflicting patents and …
By Gene Quinn
7 years ago 47

The Constitutional Argument Against Prior User Rights

The man who secretes his invention makes easier and plainer the path of no one. He contributes nothing to the public. Over and over has it been …
By Gene Quinn
7 years ago 49

Does “Inventor” in the Constitution Mean “First Inventor”?

Simply stated, the overwhelming evidence suggests that the United States Supreme Court, the Federal Circuit and even early political and judicial leaders of the United States all …
By Gene Quinn
7 years ago 26

Challenging Hal Wegner on Patent Law and the Constitution

Typically I let what Hal writes slide off my back because I don't take him seriously. Having said that, the other day he did one of his …
By Gene Quinn
7 years ago 17