The Patent System Pendulum Revisited

Law360, New York (October 7, 2010, 3:15 PM EDT) -- The U.S. patent system can trace its roots to the Venetian Statute of 1474, which provided protection against infringement for 10 years.[1]

The necessity of patent protection in the United States was vocalized by constitutional framers James Madison and Charles Pinckney in 1787. Madison wrote that “[t]he utility of this power will scarcely be questioned. ... The right to useful inventions seems with equal reason to belong to the inventors.”[2]

In 1790, the U.S. Congress passed an act to promote the progress of useful arts.[3] The...
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