Adam Mossoff addresses the nature of patent rights, emphasizing the Founding Fathers’ moral achievement in securing patents and other intellectual property rights in U.S. law.
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Films and video games aren’t the only things threatened by piracy. Patents for innovative inventions and life-saving medications also stand at risk.
If the United States is to retain our innovation edge, patent eligibility doctrine must be returned to the “anything under the sun that is made by man” standard.
This Constitution Day, thank the Founders for stimulating ingenuity by applying “the fuel of interest to the fire of genius.” And while you’re at it, thank an inventor.
Both Founding Era sources and 19th-century court decisions, official statements, and commentaries confirm that intellectual property rights are property as a matter of basic legal doctrine and constitutional principle.
Patents secure the fruits of productive labors of the innovators who create the new products and services that drive economic growth, create jobs, and ultimately contribute to a flourishing society.
Oracle was forced to subsidize Google’s commercial development of its own proprietary version of Java and the success of its Android smartphone—what the intellectual property laws forbid.
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