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question.jpgIn Patents

What laws govern patents?

As far as patent law in the United States is concerned, Article I, Section 8 of the Constitution is the “grandaddy” of patents, authorizing Congress to grant exclusive rights (e.g., patents) to inventors for their “discoveries.”¬†All of the details of United States patent law, however, are governed by Title 35 of the United States Code, which is a lengthy and sometimes convoluted statute outlining all of the patent requirements (e.g., usefulness, novelty), the application process, the rights you get with a patent, infringement, etc. In the United States, the federal government has what is known as “exclusive jurisdiction” over patents, meaning the only law for patents is federal law - there is no state law governing patents.