A Patent is Constitutional Right
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.
Article I, Section 8, Clause 8 of the U.S. Constitution
Patents are a constitutional right in the United States because they are specifically provided for in the U.S. Constitution. Article I, Section 8, Clause 8 of the Constitution, often referred to as the Patent and Copyright Clause, gives Congress the power to grant patents to inventors and secure for a limited time the exclusive right to their discoveries and inventions. The Constitution recognizes that the promotion of science and the useful arts is an important public interest and that granting inventors exclusive rights to their inventions is an effective way to encourage innovation.
As a result, patents are not just a legal construct or a creation of federal law but are instead rooted in the Constitution itself. In practice, this gives inventors effectively a constitutional right to seek and obtain a patent for their invention. Applying for and getting a patent is subject to the four patentability criteria which are patent eligible subject matter, novelty, non-obviousness, and usefulness.
The constitutional basis for patents also means that they are not merely a matter of property rights or contractual arrangements between private parties. Rather, patents are instead a fundamental aspect of the social contract underlying the relationship between inventors, society, and the government. The government grants patents to inventors as a way of promoting the public interest in technological progress, and in exchange for this grant of exclusivity, the inventor agrees to publicly disclose the details of their invention.
Overall, the constitutional basis for what is a patent provides inventors with a strong legal foundation for seeking and enforcing patent rights. The basis for what is a patent coming from our constitution underscores the importance of innovation and technological progress in American society.
What is a Patent Right?
It is a new constitutional right in the form of a legal monopoly to control the making, using, and selling of an invention. The patent law known as 35 U.S.C. §101 reads in part: “Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefore, subject to the conditions and requirements of this title.” The conditions and requirements of applying for and getting a patent are our focus and speciality. Schedule a free consultation for your invention.