IP laws have been very good to the Copyright/Trademark area, but not so much for Patent law. Artists and Inventors are both cited in the Constitution (Article 1, Section 8, Clause 8), but equal treatment between the two has not been ushered. Copyright's are protected 70 plus years vs 20 for inventions and can be enforced with substantial copyright specific criminal penalties (nothing like that for inventions). The practical cost of obtaining copyright/trademark protections for both USPTO fees and Attorney costs are a fraction of that for Patents and the same could be said for defending them.
Patent law is struggling with an arcane system that does a very poor job of making the court system accessible to average inventors. When a patented product is blatantly knocked off (aka, copied), all bets are off that the inventor will ever get justice. Defending copyright/trademark is much easier and the paths are much clearer.
Micky Mouse (Disney) has been the most successful political lobbyist ever! The comparisons between Copyright/Trademark vs Patent should cause us to ask, has the constitutional promise been fulfilled for Patent law? I say not, it is time for a paradigm shift in improving the inventors protections and we should pursue more and more constitutional arguments. The modern system does not fulfill the constitutional promise for Inventors while it does for Authors, and if it does for both then why such a stark comparison?
Inventors Network President
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