[Morgan Hartgrove, Contributing Member 2020-2021]
Introduction:
The United States has a rich history of innovation and entrepreneurship.[1] The ability and incentive to innovate is partially due to the country’s decision to capitalize on the ingenuity of inventors and innovators through strong intellectual property laws.[2] The Constitution of the United States empowers Congress “[t]o 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.”[3] Patents are intended to protect the property right of the inventor and are issued by the United States Patent and Trademark Office (USPTO).[4] By issuing a patent, the USPTO grants the right “to exclude others from making, using, offering for sale, or selling” the invention in the United States or “importing” the invention into the United States.[5] Under this power, Congress has enacted various laws and reforms relating to obtaining, enforcing, and renewing patents.[6]
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