An amicus brief filed in the MCM case by a number of law professors cites a passage from a prior fed circ case…
‘As Circuit Justice Levi Woodbury explained in 1845: “[W]e protect intellectual property, the labors of the mind, . . . as much a man’s own, and as much the fruit of his honest industry, as the wheat he cultivates, or the flocks he rears.” Davoll v. Brown , 7 F. Cas. 197, 199 (C.C.D. Mass. 1845) (No. 3,662).’
We have often argued property is property and all forms should enjoy the same protections, but in fact ‘intellectual property’ as the judge calls it should enjoy more protections because inventors are not merely giving a man a fish, but teaching him to fish, or rather the whole society and today even all of mankind. In that way the inventor has thus benefited society, whereas if that labor was expended to build a house it would only benefit himself. Further, the benefits of inventions extend into perpetuity whereas the house will only last so long and must frequently need repair. For at least these reasons, patent protections and guarantees should ‘scarcely be questioned’ as James Madison noted in the Federalist Papers and timely. Neither is presently the case in patent law. It is far easier, faster and less expensive to enforce one’s rights to their house than to their invention, plus with inventions it is presently far too hard, slow, and expensive to obtain a patent. This condition is destroying inventors and small entities and dragging down the American economy and the jobs they would otherwise create.
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