Law
Article 1, section 8 of the United States Constitution establishes that the purpose of intellectual property is to serve a broader societal good, the promotion of "the Progress of Science and the useful Arts" :
Article 1, section 8 United States Constitution:
- 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;
Section 101 of title 35, United States Code, provides:
- Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
However, there are restrictions on subject matter eligibility under Section 101 and in general the line between what is deemed patent eligible under Section 101 and what is ineligible changes is a matter of ongoing judicial activity.
Read more about this topic: Software Patents Under United States Patent Law
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