Recently it has been found out and demonstrated, through the diligent researches of other parties at (http://www.padrak.com/ine/TITLE35.html), that our basic rights to own our own property in the form of patents have been taken from us - yet again.
This issue is not news to those folks ardently pursuing their Constitutional Rights through the nationwide Common Law movement. But to the vast number of inventors, scientists and engineers (and their attorneys) out there this should be news indeed.
We are speaking of the United States Patent Law: Title 35, Part II, Chapter 17, Sections 181-188. This law was put in place in 1952. The URL of which is included at the end of this article.
This slick piece of legislation is a perfect example illustrative of how our property and rights to that property have been and are being denied to us by those very persons entrusted to protect them. To rub salt in this sore wound we will see how they not only deny us our property but how they can simply take it as though it were their property. Sound grim? Please read on. Just to get off to a good start read this excerpt from Section 181. paragraph 2:
"Whenever the publication or disclosure of an invention by the granting of a patent, in which the Government does not have a property interest, might, in the opinion of the Commissioner, be detrimental to the national security, he shall make the application for patent in which such invention is disclosed available for inspection to the Atomic Energy Commission, the Secretary of Defense, and the chief officer of any other department or agency of the Government designated by the President as a defense agency of the United States." (emphasis added)
In the same Section next paragraph we see the following:
"If, in the opinion of the Atomic Energy Commission, the Secretary of a Defense Department, or the chief officer of another department or agency so designated, the publication or disclosure of the invention by the granting of a patent therefor would be detrimental to the national security, the Atomic Energy Commission, the Secretary of a Defense Department, or such other chief officer shall notify the Commissioner and the Commissioner shall order that the invention be kept secret and shall withhold the grant of a patent for such period as the national interest requires..."
These state the grim story - if you know how to read their doublespeak legalese. So let's take a closer look at these seemingly innocent statements and see just what is being said here.
The telling word is 'opinion'. Here is not due process of law nor judgments by a jury, nor assessments of a review board but simply an 'opinion' of someone who was appointed or hired by someone else. They were not even elected to represent Us, We The People. They are appointed, by someone having some kind of vested interest from within the "Government."
Next we find the phrase 'detrimental to the national interest.' This is real cute because it is so misleading especially to those innocent ones who believe everything they are told by anyone in authority.
What is the national interest? Who determines what is national interest? Why is there this determination done at all?
The nation is us, We The People, and has never been nor ever will be the "Government" who is simply our representative doing what we say we want done, when and as we say it. The "Government" is our agent acting in our behalf - it is not an entity of and to itself.
This 'nation' of people is in truth made up of individuals - each pursuing his/her own happiness and life. So the 'nation' is in fact the individuals making up its population and their rights. One of the major interests of the people is their rights to pursue their happiness as they see fit - not as a bureaucrat 'deems or opines' it to be.
The 'nation's interest' is in fact the interests of each and every individual party to this nation.
On the other hand, the "Government" has been and is operating
under a state of emergency since March, 1933. Under the provisions of
our Constitution this State of Emergency can be declared by the
President of the United States whenever he deems (in his opinion) the
'nation's interest' or 'security' is threatened. He has done so
beginning with Roosevelt and renewed every year since by every
President. The result of this accumulated action is the Constitution
and all of its guarantees to our rights, and the rights themselves,
have been effectively suspended. In other words, "persons" and
"individuals" do not have any rights excepting those tendered over by
the "Government" acting through any of its 'officers or agents' which
occurs when we are acting under a State of Emergency. Details of this
gruesome (but well researched) tale can be found at:
http://www.commonlink.com/users/carl-olsen/COMMON/report.html
This assertion is demonstrated every time one goes into a court room and are subsequently denied any and all rights excepting those privileges granted by the so-called judge - acting as agent of the "Government" - solely performing under the Uniform Commercial Code but never under the Constitution or Common Law as expressed therein.
This is further emphasized in the document under consideration in Section 183 wherein a privilege is extended to the victim of this Title 35's theft of property allowing the rightful owner to sue for damages. We already have the "right to due process" and "trial by jury" as stipulated in our Constitution. There is no need to arbitrarily extend a new privilege in place of a right.
Getting back to the definition of 'national interest' or 'national security' we can now begin to see that this can be defined and is defined by the "Government's" 'officer or agent' as expressly stated in the phrase 'in the opinion of' which is part of the sentence quoted.
So for the application of this Title 35 and all of its thefts of personal and private property the 'national interest' or 'national security' is nothing more than the 'opinion' of an appointed bureaucrat and nothing else!
The 'national interest' or 'national security' is whatever s/he says it is and any threats or detriments to those interests are also whatever s/he says they are. Law, decency, private property, Human Rights and our Constitution all take a back seat to this person's biased and influenced 'opinion'.
So when it is ostentatiously put forth that this or that is done to preserve the 'nation's interest' you can bet your interests are not included unless you are among the elite working in or for the "Government.".
Moving right along in Section 182 we can see where the "Government" effects the actual theft of the property and the inventors' rights to them by assuming claim over them if the inventor makes any effort to restore his rights 'if the invention has been published or disclosed or an application for a patent therefor has been filed in a foreign country'. So if the inventor attempts to salvage his property the "Government" (but actually the interested, biased and appointed 'officer or agent') will declare the property as being abandoned even though the inventor is actively attempting to rescue or protect what is rightfully his!!!
This is one of the sly ways whereby a reverse psychology is used to accomplish one's nefarious purposes without being blamed for them. It is done by creating a scenario whereby the innocent is "setup" to be the bad guy even if he pursues his/her own lawful and Constitutional rights. In other words "if you do this you will be the wrong party and to blame for the consequences which you are forcing me to evoke."
This of course is how our Constitutional and Common Law rights have been and are being subverted and converted into crimes everyday.
Another piece of frosting on this cake is Section 187 wherein any 'officer or agent of the United States' is not subject to this regulation. Can you believe this?
"The prohibitions and penalties of this chapter shall not apply to any officer or agent of the United States acting within the scope of his authority, nor to any person acting upon his written instructions or permission."
In other words all the prohibitions and penalties of this chapter do not apply to the privileged elite working for the "Government" but only to you and me! This no doubt accounts for why Ron Brown was reported to have had a patent on a life-form. He has this immunity from the law simply because he was somebody's friend and was appointed to a high elitist "Government" office. It is probably a patent you and I are denied to have - because some bureaucrat deemed (in his/her opinion) it dangerous and a threat to the 'national interests.'
Imagine that any elitist and privileged 'officer or agent of the United States' can go into the patent office and have these exotic and prohibited patents issued into his or her name but you, the inventor, cannot!! And if you protest or try to secure what used to be your right to your own property you will 'be fined not more than $10,000 or imprisoned for not more than two years'.
All this illustrates what this writer has been saying for a long time. The Common Law and our Constitution are founded on and have their substance in property and property rights. The vile and vicious Equity Law (Admiralty Law) is founded and predicated on contracts, compelled performances and privileges. So here in this Title 35 we can see what can and is being done through and with the Equity extension of privileges to the select few while property and rights become nonexistent for the rest of us, We The people. Therefore let it be asserted in no uncertain terms:
There can be no Free Energy machines, New Energy devices or new and radical developments or inventions without the Common Law and our Constitution restored to their rightful place.
Gee, Virginia, how could anyone think there is a conspiracy to defraud innocent people of their rights is way beyond me. Neither can I understand why so many people are upset with 'their' "Government."
For more information on this issue of natural rights versus artificial privileges write to:
Delta Spectrum Research
921 Santa FÈ Avenue
for a copy of Our American Common Law (please include $3.00).
The actual "law" can be found at the following URL as published under USC Title 35 Section 181:
