patent laws

The Constitution of the United States gives Congress the power to enact laws relating to patents, in Article I, section 8, which reads “Congress shall have power . . . to promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries.” Under this power Congress has from time to time enacted various laws relating to patents. The first patent law was enacted in 1790. The law now in effect is a general revision which was enacted July 19, 1952, and which came into effect January 1, 1953. It is codified in Title 35, United States Code.

The patent law specifies the subject matter for which a patent may be obtained and the conditions for patentability. The law establishes the Patent and Trademark Office to administer the law relating to the granting of patents, and contains various other provisions relating to patents.

The main patent laws that everyone applying for a patent will necessarily encounter are as follows:

CHAPTER 10 - PATENTABILITY OF INVENTIONS
Sec. 100. Definitions
Sec. 101. Inventions patentable
Sec. 102. Conditions for patentability; novelty and loss of right to patent
Sec. 103. Conditions for patentability; non-obvious subject matter
Sec. 104. Invention made abroad

CHAPTER 11 - APPLICATION FOR PATENT
Sec. 112. Specification