The Donald Trump Administration inherited a LOT of accrued crap with which to deal.
Our federal government was for the last half-century-plus run by a Democrat-Republican Uni-Party.
Both alleged Parties spent decades paying lip service to great chasms of difference between their respective policy prescriptions.
But both alleged Parties secretly agreed on just about everything.
And everything DC did – stole power and money from us…and gave it to them and their cronies.
I was born and raised in the DC area. I witnessed first-hand this ongoing, rolling nightmare mess for decades. Anyone who denies there is a Deep State Swamp – is either titanically ignorant…or lying.
And so it has been with Intellectual Property (IP) and its protection.
The Constitution has its own Clause – dedicated specifically to IP:
“The Congress shall have power…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.”
The Constitutional default – is quite obviously on the side of IP and its holders. DC laws that undermine IP and its holders – also undermine the Constitution.
But for decades, the DC maxim has been “The Constitution be damned – there are cronies to be bribed.”
Which is the only coherent explanation for the anti-Constitution and woefully misnamed 2011 America Invents Act (AIA).
“The America Invents Act (AIA) was the single worst disaster in the 226 year history of the U.S. patent system. The AIA did very real damage – enough to put many inventors out of business and discourage many others.”
Did the allegedly Constitution-defending Republican Party oppose the AIA? Heavens no – they CO-SPONSORED it. The Uni-Party had struck again.
Which yet again reminds of the late, great George Carlin’s wisdom:
“Bipartisan usually means that a larger-than-usual deception is being carried out.”
“(I)t was a great new law for the large multinational corporations who pumped hundreds of millions of dollars into Washington D.C. in the form of political contributions and funding for a massive public relations campaign….”
Why did uber-crony “large multinational corporations” pay so huge to pass AIA?:
“(T)he Act clearly favors large corporations…over smaller companies and start-ups….
“(T)he Act expands the Prior Use defense to patent infringement to apply to all inventions…in a manner that encourages those with sufficient R & D resources — generally, large companies….
“Many provisions of the Act also directly or indirectly result in additional costs which can disproportionately affect smaller companies or individuals with smaller patenting budgets;…It seems obvious that larger companies…are in a better position to expend additional resources on these activities than are smaller companies or start-ups.”
The IP-loathing Barack Obama Administration then spent a half-decade creating awful US Patent and Trademark Office (USPTO) regulations around the awful AIA.
Enter the Swamp-draining Trump Administration – and its USPTO Director Andrei Iancu.
Iancu has been making some very good Office regulatory changes. Including some pertaining to the heinously awful AIA.
The uber-crony “large multinational corporations” – won’t stand for that.
“The lawsuit…is challenging what the tech giants are calling the NHK-Fintiv rule. In the complaint, the tech giants allege that rule…undermines the American Invents Act.”
To which we say – outstanding.
The America Invents Act undermines the Constitution. And Intellectual Property. And its holders.
Here’s hoping the judge(s) in question quickly rule accordingly.
This first appeared in Red State.