Establishment of the US Patent System

Background. Under United States law, a patent grants the inventor exclusive rights to exclude others from making, using, selling, or importing a new, useful, and non-obvious process, machine, or composition of matter. These rights are typically limited to twenty years, requiring written consent or legal procedures for others to profit from the technology.

Legislative Framework. The system's legal basis is codified in Title 35 of the United States Code, authorized by Article One, Section 8, Clause 8 of the Constitution. While similar to other countries' intellectual property clauses, the US system has unique characteristics, including strong protections that have historically contributed to issues like patent trolling.

Enforcement and Remedies. Patent infringement is primarily litigated in Federal District Courts, where monetary damages are available. Alternatively, the International Trade Commission can issue exclusion orders or cease-and-desist orders for imported infringing products. Patent ownership disputes are often contested in state courts, though federal courts may apply state law when appropriate.