Chapter 13

We are all familiar with the historical background of the patent system and with the intent of the authors of the Constitution in stating that Congress shall have the power to promote the progress of science and useful arts by the grant of a patent. It is no accident that the original clause in the Constitution was phrased in careful terms. The framers of the Constitution inherited a concern toward the grant of any monopoly by government. They were specific in limiting the scope of the patent monopoly because they …