Congress has power “to promote the advancement of science and the useful arts by securing to authors and inventors for a limited time the exclusive right to their respective writings and discoveries” Article I, Section 8, Paragraph 8 of the United States Constitution.
These words are contained in the United States Code, which gives inventors and authors alike rights to their writings and discoveries. As can be seen, over the last 200+ years a number of other provisions, criteria and interpretations have been attached to this one clause, but it still forms the bedrock of patent and copyright protection.
The History of Patents
Let’s focus on patents for a moment. Patents are not a new concept. The English Parliament passed the Statute of Monopoles in 1624, which gave inventors sole rights to their inventions for 14 years. Previously, in 1474, the Senate of Venice passed a patent law that provided protection from potential infringers, albeit mainly in the field of glass making.
It’s hard to believe that the drafters of the Constitution predicted how valuable the intangible rights encompassed by patents and copyrights would become. But they clearly recognize that protecting these products gives their producers an incentive to create more and thus stimulates more activity.
The kings of industry have long recognized the value of patents. Thomas Edison is associated with 1,093 patents. Ford Motor Company had 79,017 patents as of August 2022, making up approximately 28,000 patent families (related patents). And since 1920, IBM has received more than 150,000 patents.
Obviously, patents are valued by larger companies for many reasons. But what about a small business? Does the protection afforded by a patent justify the cost?
The power of patent protection
Patents grant a so-called negative right. This means that the inventor of a granted patent has the right to prevent others from making, using, selling or importing what is described in the appended claims…
