decoration decoration
Stories

GROKLAW
When you want to know more...
decoration
For layout only
Home
Archives
Site Map
Search
About Groklaw
Awards
Legal Research
Timelines
ApplevSamsung
ApplevSamsung p.2
ArchiveExplorer
Autozone
Bilski
Cases
Cast: Lawyers
Comes v. MS
Contracts/Documents
Courts
DRM
Gordon v MS
GPL
Grokdoc
HTML How To
IPI v RH
IV v. Google
Legal Docs
Lodsys
MS Litigations
MSvB&N
News Picks
Novell v. MS
Novell-MS Deal
ODF/OOXML
OOXML Appeals
OraclevGoogle
Patents
ProjectMonterey
Psystar
Quote Database
Red Hat v SCO
Salus Book
SCEA v Hotz
SCO Appeals
SCO Bankruptcy
SCO Financials
SCO Overview
SCO v IBM
SCO v Novell
SCO:Soup2Nuts
SCOsource
Sean Daly
Software Patents
Switch to Linux
Transcripts
Unix Books
Your contributions keep Groklaw going.
To donate to Groklaw 2.0:

Groklaw Gear

Click here to send an email to the editor of this weblog.


Contact PJ

Click here to email PJ. You won't find me on Facebook Donate Paypal


User Functions

Username:

Password:

Don't have an account yet? Sign up as a New User

No Legal Advice

The information on Groklaw is not intended to constitute legal advice. While Mark is a lawyer and he has asked other lawyers and law students to contribute articles, all of these articles are offered to help educate, not to provide specific legal advice. They are not your lawyers.

Here's Groklaw's comments policy.


What's New

STORIES
No new stories

COMMENTS last 48 hrs
No new comments


Sponsors

Hosting:
hosted by ibiblio

On servers donated to ibiblio by AMD.

Webmaster
Constitutional Basis for Design Patents | 201 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Constitutional Basis for Design Patents
Authored by: Anonymous on Tuesday, August 14 2012 @ 05:05 PM EDT
IANAL but wouldn't design patents, as a subset of trademark law, be based on the
power of congress to regulate interstate commerce? So what are the limits to
that power? For example could congress just flat out sell monopolies to engage
interstate commerce in certain types of goods? If not why not and how would the
argument go.

[ Reply to This | Parent | # ]

Constitutional Basis for Design Patents
Authored by: tknarr on Tuesday, August 14 2012 @ 05:19 PM EDT

It provides a reason for why Congress is granted a power, but that doesn't change what that power is. And the "what" portion doesn't include language limiting the power to only the specific purposes mentioned in the "why" part, so there is no such limit on that power.

[ Reply to This | Parent | # ]

Constitutional Basis for Design Patents
Authored by: Anonymous on Tuesday, August 14 2012 @ 07:29 PM EDT
Yes. When you see a phrase like that in the Constitution it is decorative. The
Supreme Court has made this plain for copyrights and guns.

[ Reply to This | Parent | # ]

Groklaw © Copyright 2003-2013 Pamela Jones.
All trademarks and copyrights on this page are owned by their respective owners.
Comments are owned by the individual posters.

PJ's articles are licensed under a Creative Commons License. ( Details )