By: Dustin J. Friedland
Abstract:Â The United States Constitution gives Congress many powers, including the powers to tax and spend for the good of the public, and the power to facilitate technological and intellectual innovation. Both of these powers are exercised in the form of incentive systems to induce certain conduct by the states and/or private entities. Like any incentive system, both patent protection and federal subsidies involve trade-offs between the recipients and the federal government. However, the patent system and the spending power have yet to be used in conjunction with one another. This note proposes that using these two powers to complement one another would further the goals of both powers; namely, to promote innovation by private entities, particularly in fields that facilitate widespread social utility.