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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 | # ]

If not why not? - Authored by: Wol on Tuesday, August 14 2012 @ 05:42 PM EDT
Constitutional Basis for Design Patents - Authored by: Anonymous on Tuesday, August 14 2012 @ 11:43 PM EDT

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 Thursday, August 16 2012 @ 11:37 PM EDT

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 | # ]

Constitutional Basis for Design Patents - Authored by: Anonymous on Thursday, August 16 2012 @ 03:59 AM EDT

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