To the Editor,
I would like to thank the Editor of the Smithville Review these past weeks for printing my opinions. I had something to say and thought the readers needed to hear it. Now something else has arose that needs everyone attention.
Something is happening in Washington that undermines the very thing that made America the greatest country on the earth. When the founding fathers wrote the Constitution the idea of awarding patents to the individual person who actually came up with the invention was a master stroke for innovation in this country.
This was a guarantee that the individual inventor would have exclusive rights to it. It was called First To Invent patent system. Article I, Section 8, Clause 8 of the U.S. Constitution states: "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."
By doing this it leveled the playing field between the little guy working in his garage and the big corporate interest. When the founding fathers included this article in the Constitution it made the American dream possible for everyone.
This idea instilled innovation and unleashed America’s know how which made this country the most successful on earth for over 224 years. The little guy is the one who benefits from our current system.
Now there is more “Obama change” in the works. This new assault on our Constitution is called the “America Invents Act.” This unconstitutional bill takes away your rights and enforces rulings which may or may not have worldwide implications of ownership making it easy targets for patent spin-offs. The tenured representatives (Democrats and Republicans) in Washington D.C. seem to think our current system is old and outdated. However outdated it maybe, it is still the best thing going and protects and enables the little guy to reap what he sows.
Obama’s “America Invents Act" is a lot more than a slap in the face of every American seeking to make better life through an original idea. It would make the theft of someone’s idea or invention legal. It was recognized long ago by our founding fathers that inventions and patent protection is a job creator. Intellectual property rights do create a more robust economy. It instills industrialization of American made products, made in America, for America, by America and sold worldwide. Look at it like this.
You invent a new gadget of all gadgets. You patent search it and find it clear. After determining your idea is patentable you apply for a patent. It takes up to three years for a patent application to be approved. It also may be denied the first time you apply and you may have to amend the claims and appeal. This all cost money large corporations have teams of lawyers which can get a patent through quicker.
You will no longer be able to present your idea to a large corporation and it be protected under the patent laws. If they see it they can apply for the patent and it will belong to them. You will receive nothing for your idea and hard work if this bill becomes law.
This is a master stroke for Obama and his cabinet. The majority of legal scholars who have examined Obama’s First-To-Patent system have concluded that it violates Article I, Section 8, Clause 8, and is unconstitutional. But violating the Constitution is nothing new to these people. This legislation has already passed the Senate and its House equivalent H.R. 1249 is moving quickly and quietly.
This will simultaneously undercut small and independent business people and reduce private sector manufacturing jobs. You need to contact your representatives and tell them if they vote for this bill THEY ARE FIRED after the next election. If a person is to lazy to contact their elected official about how they want them to vote on something then that person forfeits the right to complain.
Terry Mollinet Sr.
712 Dry Creek Road
Smithville, Tn. 37166