How Can the Patent Reform Act of 2011 be unconstitutional?

How can the Patent Reform Act of 2011 be unconstitutional? This bill, now known as the 'America Invents Act,' is a clear and simple reform of the Patent system that now exists within the United States of America. There has been much heated debate on this topic, as the overhaul of this system is set to be extremely dramatic. First of all, the American patent system is different that any other country on the planet. An inventor or writer is granted the first and express rights to the work that they create. This is best pointed out in the Constitution, Article 1, Section 8, Clause 8. There are three main types of patents in the US; a Design Patent, a Utility Patent and a Plant Patent. Although different, they all operate under one main principle: the original inventor retains the right to that invention.

The 'America Invents Act,' formerly known as the 'Patent Reform Act of 2011,' is challenging this system is one major way. It takes away the first to invent rule and changes it to a "first to file," rule. For example, when a person invents a new form of paperclips, somebody might steal their idea and patent it first. All the original inventor has to do to retain his right to his invention is prove that he invented it first. With the 'America Invents Act,' that right is taken away. It doesn't matter who invented it first, it only matters who files for the patent first. This gives a grossly unfair advantage to corporations and other big companies who can simply scan the horizon for new ideas, file for a patent, and retain all the rights. This is awful news for American small businesses and the spirit of entrepreneurship. But is it unconstitutional? One might argue that, yes, it certainly is. Article 1, Section 8, Clause 8 of the Constitution states that the rights to any works by an inventor or writer is his alone. For another to be able to attain those rights just because they stole the idea, takes away the chance for the original creative thinker to claim the rights to his own work.

The question is, does Congress believe the bill to be unconstitutional? Small businessmen certainly hope so.
 

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