Patent Rights: Exploring The Us Constitution's Innovation Clause

The US Constitution grants Congress the power to grant patents and protect intellectual property. Article I, Section 8, Clause 8 of the Constitution, also known as the Patent and Copyright Clause, states that 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. This clause recognizes the value of intellectual property and provides an economic incentive for inventors and writers, stimulating the country's economy. The specific requirements for patentability, such as novelty and non-obviousness, are defined in the patent laws enacted by Congress and interpreted by the courts.

Explore related products

Intellectual Property Statutes: 2025

$42 $42

Patent Case Management Judicial Guide 3rd edition (2016) Volume III: Appendices: Patent Local Rules and Model Jury Instructions

$25 $25

Patent It Yourself: Your Step-by-Step Guide to Filing at the U.S. Patent Office

$28.99 $49.99

Patent Case Management Judicial Guide (3rd edition 2016): Volume I: Pretrial Case Management

$35 $35

Patent Case Management Judicial Guide 3rd edition (2016) Volume II: Trial Case Management, Design Patents, Plant Patents, ANDA/Biosimilars, Federal Claims, and Patent Primer

$30 $30

Poster Master 4-Piece Blueprint Poster - Patent Print - Santa's Sleigh Art - Santa Clause Art - Christmas Tree Art - Holiday Art - Snowflake Art - Office or Kid's Room Decor - 11x14 UNFRAMED Wall Art

$20.95

The US Constitution grants Congress the power to grant patents

> "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...."

This clause recognises the value of intellectual property and gives Congress the authority to protect it through patents and copyrights. The Framers of the Constitution understood that society benefits from the products of original and creative thought, and that inventors and writers should be incentivised for their contributions.

The Patent and Copyright Clause has been interpreted and shaped by various court cases over the years, including Wheaton v. Peters, which addressed the nature of the rights that Congress can "secure" under the clause, and the Trade-Mark Cases of 1879, where the Supreme Court held void acts of Congress that extended trademark protection to items registered in the Patent Office.

The US patent system has several unique features, including a one-year grace period for inventors' prior disclosures and a provisional patent application process. The "patentability" of inventions is defined under Sections 100-105 of US patent law, with specific criteria for “subject matter”, “novelty”, and “non-obviousness”.

The Patent Clause does not discuss the requirements of an adequate description

The United States Constitution grants Congress the power to grant patents. Specifically, Article I, Section 8, Clause 8 of the Constitution states:

> "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...."

This clause, known as the Patent Clause, is the only place in the Constitution where the word "Right" is used. The Supreme Court is tasked with determining whether this right is a private or public right that can be revoked in an Article III federal court.

While the Patent Clause mandates an adequate description, it does not outline the specific requirements of what constitutes an adequate description. This is left to the discretion of Congress. This has led to some confusion and challenges to the Patent Act, particularly regarding the patentability of software and genes.

The Patent Clause is designed to enhance the quid pro quo envisioned by the Founding Fathers: exclusive rights in exchange for disclosure. This disclosure benefits the public both immediately and in the long term, as inventions are shared and built upon. However, the Framers did not want to freely grant monopolies, and patents are meant to serve a higher purpose—the advancement of science. An invention must be a significant advancement in its scientific field to be patentable, and it must be disclosed to the public, not withheld indefinitely for personal gain.

Patents are granted to promote the progress of science and useful arts

The Constitution of the United States, in Article 1, Section 8, Clause 8, provides Congress with the power to promote progress in science and art by granting patents and copyrights. This clause, known as the Intellectual Property Clause or the

Explore related products

Debates Before Parliament: Relative to the Enactment of a Compulsory Working Clause Into the British Patent Statutes (Classic Reprint)

$30.27

Intellectual Property Statutes: 2023

$37

Sxiwei Women Sexy Christmas Mini Dress Santa Clause Costume Patent Leather Bodycon Dress Cosplay Outfits

$26.19

Women Patent Leather Christmas Dress Santa Clause Outfits Bodycon Cosplay Dress Outfits

$26.19

renvena Women Christmas Dress Patent Leather Bodycon Santa Clause Hat Dress Outfits Cosplay Clubwear

$26.29

Poster Master 4-Piece Blueprint Poster - Patent Print - Santa's Sleigh Art - Santa Clause Art - Christmas Tree Art - Holiday Art - Snowflake Art - Office or Kid's Room Decor, 8x10 Beige Framed

$124.8

The patenting of overly broad or useless ideas is prevented

While the IP Clause does not provide exact interpretations of these limitations, courts generally defer to Congress on such matters. This means that Congress plays a crucial role in determining the requirements for patentability, including the adequacy of descriptions for patented inventions.

To obtain a patent, an invention must meet certain criteria. Firstly, it must be inventive, involving a non-obvious inventive step that goes beyond being state-of-the-art. Secondly, it must be new and not known to people. Thirdly, the invention must be technical in nature, commercially applicable, and a singular invention—multiple inventions cannot be patented together.

Additionally, ideas alone cannot be patented; they must be manifested into inventions. This is because patents protect inventions, while copyrights protect expressions and creativity. Confidentiality or non-disclosure agreements can provide some protection for ideas in the early stages, but they are challenging to obtain and only provide protection against those who agree to the confidentiality obligation.

In the United States, the relevant portion of the Constitution that deals with patents is Article I, Section 8, Clause 8, often referred to as the Patent Clause or the Copyright and Patent Clause. This clause grants Congress the 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."

The US patent system has several peculiarities

Secondly, these exclusive rights are given only to individuals ("inventors") and not to organisations. For example, in Stanford University v. Roche Molecular Systems, Inc., the court ruled that primary IP rights are given to inventors rather than organisations. This is in contrast to intellectual property clauses in the constitutions of other countries, which do not make this distinction.

Thirdly, the US patent system allows for provisional patent applications, which can be filed up to a year before the regular patent application, thus delaying the start of the nominal 20-year patent term by one year. This is unique to the US, as most other countries do not allow for such a delay.

Fourthly, the US patent system allows for extensions of patent monopolies beyond 20 years from the filing date in certain circumstances, such as delays in patent prosecution by the USPTO or product approval delays by the Food and Drug Administration. Again, this is a deviation from the norm, as most countries do not permit extensions beyond 20 years.

Finally, the US patent system is characterised by a strong pro-patentee legal regime, a large economy, and a long history of case law. This makes US patents more valuable and more litigated than those in any other country. The extensive body of case law, comprising federal court precedents accumulated over more than 200 years, provides a robust framework for patent protection and enforcement in the US.

Frequently asked questions