With the 250th anniversary of the founding of our country in 1776, it is worth revisiting the world's longest surviving written charter of government, the United States Constitution. Written in 1787, ratified in 1788, and in operation since 1789, the first three words of the United States Constitution’s preamble are … “We the people”.
I am reminded of Abraham Lincoln's famous words during his Gettysburg Address: “Government of the people, by the people, for the people.”
Our Constitution specifically references intellectual property rights with an amazing bargain: “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;” Article I, Section 8, Clause 8 of the U.S. Constitution.
What an incredible bargain, indeed!
By allowing innovators and creators to maintain exclusive right to their respective writings and discoveries and to benefit economically from them, for a limited time, a system was created that has ever since been the envy of the world at fostering innovation and technological advancement. After expiration of that limited time, those respective writings and discoveries are freely available to the public.
Such a bargain that provides a legally-enforceable, exclusive right, for a limited time, in exchange for public disclosure of respective writings and discoveries, has allowed the United States of America to lead the world in innovation and technological advancement. This bargain (public disclosure in exchange for limited-term monopoly) has benefited the entire country, and indeed the entire world, amazingly well. The ultimate beneficiary of such innovation fostered within our amazing system is in fact, “We the people”.
I am reminded of comments by former U.S. Representative and later U.S. Senator from Texas, Phil Gramm, who said: “The genius of the American system is that we have created extraordinary results from plain old people.”
Along these lines, he frequently argues that American prosperity isn't because U.S. citizens are inherently smarter or superior to anyone else, but rather because the nation's capitalist system channels human ambition and competition more effectively. He also has said: “We're the richest and most powerful country in the world because it's here that ordinary people like us have had more opportunity and more freedom than any people who've ever lived.”
Our patent system is an excellent reminder of the genius within our American system that has motivated many “plain old people” (as Phil Gramm would say) to work and strive and create extraordinary results. That same American system not only rewards those particular authors and inventors, again, for a limited time, but it ultimately rewards each and every one of us as those respective writings and discoveries are then made freely available to the public.
An amazing bargain, indeed!
Happy 250 Years/Fourth of July, America!
*Please note that this article is not legal advice; it is not a legal opinion; nor should you rely on it as legal advice or as a legal opinion. This article merely expresses the author’s general thoughts on a topic regarding the business of patents. Nothing in this article establishes any form of an attorney client relationship between you, the reader, and the author of this article.
