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The Constitution of the United States gives Congress the
power to enact laws relating to patents, in Article I,
section 8, which reads " 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.
" Under this power Congress has from time to time
enacted various laws relating to patents. The first patent
law was enacted in 1790. The patent laws underwent a general
revision which was enacted July 19, 1952, and which came
into effect January 1, 1953. It is codified in Title 35,
United States Code. Additionally, on November 29, 1999,
Congress enacted the American Inventors Protection Act
of 1999 (AIPA), which further revised the patent laws.
See Public Law 106-113, 113 Stat. 1501 (1999).
The patent law specifies the subject matter for which
a patent may be obtained and the conditions for patentability.
The law establishes the United States Patent and Trademark
Office to administer the law relating to the granting
of patents and contains various other provisions relating
to patents.
www.uspto.gov
• Patent
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Prosecution Process
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Subject Matter
An overview
of patent law with links to key primary and secondary
sources for a limited period of time.
Patents grant an inventor the right to exclude others
from producing or using the inventor's discovery or invention
for a limited period of time. U.S. patent laws were enacted
by Congress under its Constitutional grant of authority
to protect the discoveries of inventors. The main body
of law concerning patents is found in Title 35 of the
United States Code. In order to be patented an invention
must be novel, useful, and not of an obvious nature. See
§§ 101 - 103 of Title 35. Such "utility"
patents are issued for four general types of inventions/discoveries:
machines, human made products, compositions of matter,
and processing methods. See § 101 of Title 35. Changing
technology has led to an ever expanding understanding
of what constitutes a human made product.
www.law.cornell.edu/topics/patent.html
A continually-updated website designed to be the most
comprehensive resource available on the Internet for information
related to technology law, especially including intellectual
property law (patent, copyright, and trademark law) for
software.
www.kuesterlaw.com
Offers rapid and detailed patent searches.
Get legal help for your innovation specific reference
to an earlier filed application under patent laws 35 U.S.C.
§ a previously disclosed invention) applications,
patent laws §121 for Divisional applications
www.patent-search-express.com/patent-laws.html
The following article appears in the journal JOM, 49 (5)
(1997), p. 66. Patent Harmonization: Creating Uniform
Patent Laws. David V. Radack refers to efforts to make
individual national patent laws around the world more
uniform Under Japanese and European patent laws, a patent
application is automatically published
www.tms.org/pubs/journals/JOM/matters/matters-9705.html
Hundreds of pages of answers to frequently asked questions
about patents, copyrights, and trademarks law firm offering
patnet, copyright, trademark, trade secret How to contact
paten offices, copyright offices, trademark the USPTO's
PAIR (patent application information retrieval.
www.patents.com
• Software patent
• Patent Expert Offer Free Do-It-Yourself Patent Course to Independent Inventors
Online information resources. Patents-i.net
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