"Deserve" is a framing that wraps together a moral claim with what is intended to be a purely utilitarian calculus (whether a class of patent "promote[s] the Pr

"Deserve" is a framing that wraps together a moral claim with what is intended to be a purely utilitarian calculus (whether a class of patent "promote[s] the Progress of Science and useful Arts"). As soon as you start framing things in terms of who "deserves" what, the side who can generate greater pathos wins.