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.