Isabella Carter
The United States Constitution grants Congress the power to grant patents. This is the only place in the Constitution where the Founding Fathers used the word 'right'. The relevant portion of the Constitution, Article I, Section 8, clause 8 reads: “The Congress shall have Power To…promote the Progress of Science and useful Arts, by securing for limited Times to”. In determining whether an invention worthy of patent protection exists, the Constitution requires the invention to be new, useful and the embodiment of a scientific advance.
| Characteristics | Values |
|---|---|
| Who grants patents? | Congress |
| What is the purpose of patents? | To promote the progress of science and useful arts |
| Who is protected by patents? | The public, against monopolies |
| Who is rewarded by patents? | Inventors, for their innovations |
| What are the requirements for patentability? | New, useful, and the embodiment of a scientific advance |
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What You'll Learn
The U.S. Constitution grants Congress the power to grant patents
In order to promote scientific progress and artistic achievement, the Constitution gives Congress the power to create laws regarding patents and copyrights. Patents and copyrights give the creator exclusive rights for a limited amount of time, each in a slightly different way. Congress's power over copyrights and patents is broad, so the Supreme Court has interpreted statutes but has not seen fit to extend protections without legislative guidance.
Congressional requirements on patentability, then, are conditions and tests that must fall within the constitutional standard. Underlying the constitutional tests and congressional conditions for patentability is the balancing of two interests—the interest of the public in being protected against monopolies and in having ready access to and use of new items versus the interest of the country, as a whole, in encouraging invention by rewarding creative persons for their innovations.
In determining whether an invention worthy of patent protection does exist, the Constitution requires the invention proffered by the applicant to be new, useful and the embodiment of a scientific advance.
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Patents must be new, useful and embody a scientific advance
The United States Constitution grants Congress the power to grant patents. The relevant portion of the Constitution, Article I, Section 8, clause 8 reads: "The Congress shall have Power To... promote the Progress of Science and useful Arts, by securing for limited Times". The Court in Graham said: "Innovation, advancement, and things which add to the sum of useful knowledge are inherent requisites in a patent system which by constitutional command must 'promote the Progress of... useful Arts.' This is the standard expressed in the Constitution and it may not be ignored."
Congressional requirements on patentability, then, are conditions and tests that must fall within the constitutional standard. Underlying the constitutional tests and congressional conditions for patentability is the balancing of two interests—the interest of the public in being protected against monopolies and in having ready access to and use of new items versus the interest of the country, as a whole, in encouraging invention by rewarding creative persons for their innovations.
In determining whether an invention worthy of patent protection does exist, the Constitution requires the invention proffered by the applicant to be new, useful and the embodiment of a scientific advance. This is supported by Hotchkiss v. Greenwood, 52 U.S. 248, 267 (1851) which states: "unless more ingenuity and skill... were required... than were possessed by an ordinary mechanic acquainted with the business, there was an absence of that degree of skill and ingenuity which constitute essential elements of every invention. In other words, the improvement is the work of the skillful mechanic, not that of the inventor."
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Congress's power over patents is broad
The United States Constitution grants Congress the power to grant patents. This is the only place in the Constitution where the Founding Fathers used the word 'Right'. The relevant portion of the Constitution, Article I, Section 8, clause 8 reads: "The Congress shall have Power To... promote the Progress of Science and useful Arts, by securing for limited Times to...".
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The Court, rather than Congress, will be doing the ultimate weighing
The U.S. Constitution grants Congress the power to grant patents. Article I, Section 8, clause 8 of the Constitution reads: "The Congress shall have Power To... promote the Progress of Science and useful Arts, by securing for limited Times". This is the only place in the Constitution where the Founding Fathers used the word 'Right'.
The Court in Graham said: "Innovation, advancement, and things which add to the sum of useful knowledge are inherent requisites in a patent system which by constitutional command must 'promote the Progress of... useful Arts.' This is the standard expressed in the Constitution and it may not be ignored."
Congressional requirements on patentability are conditions and tests that must fall within the constitutional standard. Underlying the constitutional tests and congressional conditions for patentability is the balancing of two interests: the interest of the public in being protected against monopolies and in having ready access to and use of new items versus the interest of the country, as a whole, in encouraging invention by rewarding creative persons for their innovations.
By declaring a constitutional standard of patentability, the Court, rather than Congress, will be doing the ultimate weighing. This is because the Constitution requires the invention proffered by the applicant to be new, useful and the embodiment of a scientific advance.
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Patents give the creator exclusive rights for a limited amount of time
Patents are protected by the constitution, which grants Congress the power to create laws regarding patents and copyrights. The relevant portion of the Constitution, Article I, Section 8, clause 8 reads: "The Congress shall have Power To... promote the Progress of Science and useful Arts, by securing for limited Times". This means that patents give the creator exclusive rights for a limited amount of time.
The constitutional standard for patentability requires that the invention be new, useful, and the embodiment of a scientific advance. This standard balances the interest of the public in being protected against monopolies and in having access to new items, with the interest of the country in encouraging invention by rewarding creative persons for their innovations.
The Founding Fathers used the word "Right" in this context, indicating the importance of patents and copyrights in promoting scientific progress and artistic achievement. The Supreme Court has interpreted statutes related to Congress's power over copyrights and patents but has not extended protections without legislative guidance.
In determining whether an invention is worthy of patent protection, the Constitution requires the invention to be more than just the work of a skillful mechanic. It must demonstrate a degree of skill and ingenuity that constitutes an essential element of invention.
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Frequently asked questions
Yes, the U.S. Constitution grants Congress the power to grant patents.
Article I, Section 8, clause 8 of the Constitution reads: “The Congress shall have Power To…promote the Progress of Science and useful Arts, by securing for limited Times to...".
Congress has the power to create laws regarding patents and copyrights, giving the creator exclusive rights for a limited amount of time.
The Constitution requires the invention to be new, useful and the embodiment of a scientific advance.
Ultimately, it is the Court, rather than Congress, that will be doing the weighing and declaring a constitutional standard of patentability.
