An argument for a better

Patent Law System

outlined.

 

Key Point:
 

Why:

1) The present system is unfair to discoveries that effect a few or those that are poorest.

The details:

1) U.S. Constitution established the legal patent system, though with little detail.

A) Article I, Section 8 of the Constitution: Congress will have the power ... 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 Discovories;...

1) As I understand it, the primary patent right lasts for seven years and may be extended to 17, in some cases. This may be fine for very profitable endeavors, yet for things that are marginal at best, the financial and other securities that might help it exist are not to be found.

A better solution to me, would be to have the length of the patent's life determined by the profit it generates. If a discovery has more than covered the investment of those who paid to find it, after the normal period, it would be ended. But if the profit is not there, the holder could keep it. It would also be of some value, as I see it, to have the holder, at least, if not the government, be able to address inhumane abuse of the discovery. Something that might give more legal avenues against corrupt leaders and their support.

 

Is this a way to make the patent system more in harmony with reality?