United States patent law

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Patent law
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United States patent law was established "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;"[1] as provided in the United States Constitution. Congress implemented these protection as a first-to-invent patent legal framework. By contrast, all other national patent laws are first-to-file systems. Only the Philippines has also had a first-to-invent patent system, but converted it into a first-to-file system in 1998. The provisions of the law are laid out in Title 35 of the United States Code (U.S.C.) and give authority for the United States Patent and Trademark Office.[2] This system is permitted by Article One, Section 8(8) of the U.S. Constitution.

In the U.S., a patent is a right to exclude others from making, using, selling, offering for sale, exporting, exporting components to be assembled into an infringing device outside the U.S., importing the product of a patented process practiced outside the U.S., inducing others to infringe, offering a product specially adapted for practice of the patent, and a few other very carefully defined categories. Thus, merely thinking about an invention, or drawing a diagram, is not an infringement. Research for "purely philosophical" inquiry is not an infringement, but research directed to commercial purposes is - unless the research is directed toward obtaining approval of the Food and Drug Administration for introduction of a generic version of a patented drug.

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