3 ms·
The stated aim of copyright/patents in the US Constitution (Art 1, Sec 8) is: "To promote the progress of science and useful arts, by securing for limited time
by wormius 3y ago
The stated aim of copyright/patents in the US Constitution (Art 1, Sec 8) is:
"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;"
It seems to me that sitting on a perfectly good patent and not using it is precisely the opposite effect of the stated aims of copyright/patents.
Yet this is the system we have. Would love to see the supposed "originalists" try to find a way to justify the current system with the language literally IN the constitution.
- CoastalCoder 3y agoI'm sure this is covered thoroughly in legal studies, and IANAL. But here's my current take on it: If we're going to let people sell patent rights in a free market, I'm guessing we need to let patent holders chose to not sell at a given price. Otherwise they have severely limited negotiating power. I.e., suppose we did add a use-it-or-lose-it patent rule. Think of the ways that you, as a would be rights-purchaser, could exploit that.