Question: with this hypothetical patent that you hold, are you the inventor?
If you are not the inventor, then the Congress has no power to enact laws concerning [granting/enforcing] exclusive rights.**
This is the whole crux of my argument — the Constitution only grants the power to secure the exclusive rights to the creator*, and even then only for a limited time:
The Congress shall have Power […] To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;
* — Creator
= author for copyright and inventor for patent.
** — This means that a patent is ONLY good for the inventor, not his company, not his estate
, not his next-of-kin, not some guy he sold it to
.
Yes I don’t see that language as prohibiting the holder from using those rights. Are you saying that the patent holder must make the object in order to sell the object?