The United States is a world class economic and national security power because of the creativity of its people.  American citizens and immigrants are from all over the world, and some of the greatest inventors came to the United States because of the attraction of freedom for their ideas. 

Our Constitution is the only national document in the world giving protection to writers and inventors to the "right" for the exclusive use of their work for a certain period of time.

We owe a great deal to ancient Greece for these ideas.  The concept of patents originated in Greece.  A group who liked food petitioned the government for the exclusive use of their recipes for one year.  Thus, the idea of patents was born.  Creativity was recognized.

In ancient Greece the idea of man to be free, to wonder and examine eventually became the source of the original scientific methods for the world.  It became part of American life.  Freedom for man to use his ideas is essential for the economic and educational lifeblood of America. 

Last fall an article in the Wall Street Journal about the new technology economy in the United States included remarks attributing why the U.S. is leading in the technological revolution to "its great wealth, its corporations, universities and national laboratories."

The article stated "no country, for example, can match America's vast network of colleges and universities, teaching hospitals and private research institutions, not to mention the labs of its multinational corporations."  The article also cited the ease with which individuals can start new businesses--the gazelles which help drive America's economy.

The author finally referred to our public policy environment, the number of PhD’s, scientists and engineers and finally the environment that hatches inventions.  What he did not explain is how this is done in the United States.  The answer is so simple.  Our Founding Father knew what the problem was and how to cure it.

At the time of the Constitutional Convention the United States was in debt, there was massive unemployment, citizens were shooting up government buildings and the states were bickering.  We were falling apart as a country.  The participants in the Convention also wanted the writings and papers preserved from the Convention.  So the Patent and Copyright clause in Article I, Section 8, Clause 8 giving authors and inventors the exclusive right to the use of their work for certain periods of time was included in the Constitution.

This was the first time in history that man was set free to use his God given talents to create and profit from them.  Our Founding Fathers believed the country would prosper off the genius of its inventors and writers.  They were right.  From 1840 until 1895 the United States became a world economic leader from its intellectual property.  The rest of the world has not caught up with us, until now.  At least they are trying to.

Our so-called friends and enemies are attempting to change the American patent system to reflect foreign systems and are continuing to target our first-to-invent-system to a first-to-file. First-to-invent is a constitutional right to the exclusive use of your idea.  First-to-file means whoever wins the race to the patent office whether they invented the work or not.  In America we are very strong on property rights and credit for your idea.  Reversing our Constitutional provision of the exclusive right to your work would philosophically change much for Americans.  (Incidentally, the Constitution is about rights but the only place where the word "right" is mentioned is in the patent clause.) Many of the advocates for changing the "exclusive right" in the patent clause do not realize they are changing a concept of freedom for America.  A taxi driver from Pakistan understood what it meant.  He told me that "if you cannot own your own idea there is no freedom."  It is that basic.

Ancient Greeks understood that man must be free to wonder, to dream and to use his ideas.  Perhaps modern man is so busy that he has not thought of the implications of changing the patent system to take away the protection for your ideas before a patent is issued by publishing them on the internet for all your competitors to see.  The big transnationals are interested in the "bottom line" and how they can help with governance internationally.

The big companies will fall victim to the patent legislation but perhaps not as quickly as independent inventors and small businesses.  What is not understood is the patent system was designed, According to the Commissioner on patents, "to give the little guy a chance to put his toe in the water." 

With the radical changes in the patent system when the little guy puts his toe in the water instead of an innovation environment which encourages invention he will find hot water which will scald him and dampen innovation.  Americans have worked to create and prosper the nation with protection of the patent and copyright clause in the Constitution for over 200 years. 

Now the meaning has been changed. The exclusive right is no longer in the clause because of legislation, but the right to litigate has been established.  Litigation did not prosper the nation, but invention did. 

We all lose with this latest arrangement in patent legislation.  It is time to stand up for the independent inventors and small businesses.  They are the secret of creating our strong economy.

mbiras64862@mypacks.net