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Copyrighting/Patenting products funded with public monies?
Posted by . updated on 10/23/2002
I recently read that the USMC is patenting their new camouflage design, is this legal? They used Federal tax dollars to develop the pattern, shouldn't it be in the public domain? I think the same question might apply to tax dollars used by artists and writers.
Answers (1)
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Michael...
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Ah yes. Can the Military own exclusive rights to an invention? Well, they obviously commissioned a human being(s) to do this, and part of the deal when you work for the devil or government, is that you sell your soul, or transfer all rights thereto to them forever, right? The more interesting question is: How are they going to enforce this particular patent? If they do a really good job of camouflage design, an infringing party could not be found or seen! An interesting conundrum! More on point, our tax money developes drugs through government sponsered research, or through grants to Universities, and they turn these over to Big Pharma (the drugs dealers) for huge profits at monopoly pricing for about 23 years, (pushing the envelope on patent's 20 year grant by manipulating the Generic drug companies into delaying entry into the market by filing frivolous suits.) We as consumers get the Royal Shaft and drug company profits soar. Why can't we, the US public, get drugs that are discovered at taxpayer expense for a "reasonable" price. Ans: There are more registered pharmaceutical lobbyists in Wash. DC than there are Senators, and Representatives (435+100=535 vs. over 600 white shoe lobbyists for Merck, et. al) If you think the system stinks, you are correct. Write your congressman/woman and ask them to not become addicted to drug money, or if they already are, fight for campaign finance reform and kick them out of office. Note: If they get a design patent, it's only good for 14 years. Anyway, there are lots of ways to implement similar designs without actually infringing a design patent. (They can't own an entire color scheme.)
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