Constitution provides the foundation of patents (and copyrights), despite commerce not being otherwise a major part of the U.S. Constitution.

Goal of patent system:
  • To promote public interest through advancements of science (not reward to inventors).
  • May trade off perfection for rewarding individual inventors because it better serves ultimate goals.
  • Why grant patent rights at all? To create incentives for inventions.
Rights gained:
  • Can completely exclude others from making, using, or selling invention
  • Cannot have independent discovery as a defense to infringement
  • No reverse engineering allowed as a defense to infringement
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