On July 10, 1832 then President Jackson upon vetoing a bill to recharter the Bank of the United States included his objections.
An excerpt follows:
‘It is to be regretted that the rich and powerful too often bend the acts of government to their selfish purposes. Distinctions in society will always exist under every just government. Equality of talents, of education, or of wealth can not be produced by human institutions. In the full enjoyment of the gifts of Heaven and the fruits of superior industry, economy, and virtue, every man is equally entitled to protection by law; but when the laws undertake to add to these natural and just advantages artificial distinctions, to grant titles, gratuities, and exclusive privileges, to make the rich richer and the potent more powerful, the humble members of society–the farmers, mechanics, and laborers–who have neither the time nor the means of securing like favors to themselves, have a right to complain of the injustice of their Government.’
Today the same can be said of The America Invents Act and various court decisions like Alice, eBay and many others. They have truly made ‘the rich richer and the potent more powerful’ by legalizing theft of our inventions by those who are morally bankrupt. Those thieves have reached the depth of moral degradation by bending law to legalize their theft. It is not a privilege they are seeking, but rather a license -a license to steal. Even horse thieves never had such guile. In this way the federal government has failed to secure those inalienable property rights which President Madison in the Federalist Papers said were the ‘first object of government’. Some may say the government has thereby become complicit in that theft by selling those property rights to the highest bidder. The end result of all these changes has been to make the American patent system a sport of thieves -enabling large multinational infringers (thieves) to rob and crush their small competitors. The jobs those small entities would have created are then lost. Meanwhile, the multinationals ship more and more American jobs offshore. When they can’t export jobs they import workers who displace Americans. Worse still, when small competitors are crushed they lose all foreign and US patent rights meaning America loses its commanding lead in foreign and American markets for those inventions. Instead, those markets are absorbed by commercial interests in those or other countries. America then loses control of those foreign and domestic markets before they can ever be secured and its trade imbalance grows in proportion.
When thieves write the laws and commandeer our most powerful courts, America loses. These are the reasons why it is now far too hard, expensive and slow for us to get, keep and enforce our patents. That is readily demonstrated in that inventors now only succeed 3% of the time through appeal in the courts when we attempt to enforce our patents. In response, small entity issued patents are now only about 1/10th of their historical share, if not less and still falling. Clearly, we have lost faith in the patent system and are leaving it in great numbers. When we have to fight to get, keep or enforce our patents we go out of business. How can one not regard this as government of the many for the few? Why do Congress and the courts allow this grand theft to continue?
For our position and the changes we advocate (the rest of the truth) to restore the patent system, or to join our effort, please visit us at https://aminventorsforjustice.wordpress.com/category/our-position/
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