This lesson introduces patents, the basic exchange between inventors and society, and the constitutional roots of U.S. patent protection. Understanding these foundations helps explain why patent rights are limited in duration and territory.
A patent is a government-granted intellectual property right that gives an inventor the right to exclude others from certain uses of an invention for a limited period. In exchange, the inventor discloses details of the invention so that the knowledge can become available to society.
All flashcards
Patent
A government-granted, time-limited and territorial right to exclude others from specified activities involving a qualifying invention, in exchange for disclosure.
Bargain theory of patents
The view that temporary exclusivity encourages invention in exchange for disclosure and eventual public access.
Natural rights theory of intellectual property
The view that creators have a claim to the products of their mental labor.
Territorial patent protection
Patent rights apply under the legal system of the jurisdiction that grants them, not automatically worldwide.
Follow-on innovation
Later development that builds on, improves, or applies knowledge from earlier inventions.
Quiz questions
Which U.S. government office issues patents?Answer: The United States Patent and Trademark Office.
Does a U.S. patent automatically provide enforceable patent protection in another country?Answer: No. Protection in another country requires rights under that country's system.
What does Article I, Section 8, Clause 8 authorize Congress to do?Answer: Secure exclusive rights for limited times to promote progress in science and useful arts.
What potential effect can overly broad patent rights have on innovation?Answer: They can slow innovation by restricting others' activities too much.