Quote:
Originally posted by Atticus Grinch
Well, if it's not a substantive right conferred by Art. I, sec. 8, aren't we then talking about whether Congress, by shortening the period of protection, is violating the Takings Clause?
I don't have the time to have another Takings Clause argument on this board, but that seems wrong to me. The right originated in legislation, not the Constitution or the CL.
|
Agreed. Except if Congress were to reduce the protection for patents already granted, in which case there'd be an arguable takings point.
And sorry for miscontruing your early arg. re commerce clause. I was too lazy to scroll back to confirm what you had said.
But what is this board if not an opportunity to try to make each other look like idiots?
