Software Patents Under United States Patent Law - Law

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

Famous quotes containing the word law:

    My hope is ... that we may recover ... something of a renewal of that vision of the law with which men may be supposed to have started out with in the old days of the oracles, who communed with the intimations of divinity.
    Woodrow Wilson (1856–1924)

    Without doubt God is the universal moving force, but each being is moved according to the nature that God has given it.... He directs angels, man, animals, brute matter, in sum all created things, but each according to its nature, and man having been created free, he is freely led. This rule is truly the eternal law and in it we must believe.
    Joseph De Maistre (1753–1821)

    There are no fixtures in nature. The universe is fluid and volatile. Permanence is but a word of degrees. Our globe seen by God is a transparent law, not a mass of facts. The law dissolves the fact and holds it fluid.
    Ralph Waldo Emerson (1803–1882)