[Ecommerce] patents in US constitution

[James Love]

This is the provision in Article 1 of the US constitution that provides
the basis for US copyright and patent law.  

http://caselaw.findlaw.com/data/Constitution/article01/


U.S. Constitution: Article I

Section 8.


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; 


http://caselaw.findlaw.com/data/Constitution/article01/39.html#1

COPYRIGHTS AND PATENTS 

Scope of the Power 

This clause is the foundation upon which the national patent and
copyright laws rest, although it uses neither of those terms. So far as
patents are concerned, modern legislation harks back to the Statute of
Monopolies of 1624, whereby Parliament endowed inventors with the sole
right to their inventions for fourteen years. fn1331 Copyright law, in
turn, traces back to the English Statute of 1710, which secured to
authors of books the sole right of publishing them for designated
periods. fn1332 Congress was not vested by this clause, however, with
anything akin to the royal prerogative in the creation and bestowal of
monopolistic privileges. fn1333 Its power is limited with regard both to
subject matter and to the purpose and duration of the rights granted.
Only the writings and discoveries of authors and inventors may be
protected, and then only to the end of promoting science and the useful
arts. fn1334 The concept of originality is central to copyright, and it
is a constitutional requirement Congress may not exceed. fn1335 While
Congress may grant exclusive rights only for a limited period, it may
extend the term upon the expiration of the period originally specified,
and in so doing may protect the rights of purchasers and assignees.
fn1336 The copyright and patent laws do not have, of their own force,
any extraterritorial operation. fn1337 

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James Love, Consumer Project on Technology
v. 1.202.387.8030, fax 1.202.234.5176
love@cptech.org, http://www.cptech.org