Actually, the affect is worse. Without the ability to stop infringers from using our inventions we have no chance of ever commercializing our inventions. If you’ve seen ‘Flash of Genius’, you’ll know what we mean. Most every inventor develops their product or process with the intent of commercializing. But when far larger competitors are permitted to use our inventions without our permission, they can easily outspend us and run any effort we may make into the ground. Permitting infringers to continue to use our inventions after infringement is found is just not right, it’s not fair, and by any rational and sensible reading of the Constitution it’s not lawful.
From ‘Section 8 – Powers of Congress:
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;’
As James Madison wrote in Federalist No. 43 regarding constitutionally recognized rights of inventors and that portion of the Constitution as proposed, “The utility of the clause will scarcely be questioned. The copyright of authors has been solemnly adjudged, in Great Britain, to be a right of common law. The right to useful inventions seems with equal reason to belong to the inventors. The public good fully coincides in both cases with the claims of the individuals.”
Real reform is desperately needed to restore full rights back to inventors. We are now organizing in CA.