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. On July 19, 1952, the patent laws were codified in Title 35, United States Code. The Leahy-Smith America Invents Act, Public Law 112-29, 125 Stat. 284 (September 16, 2011) revised Title 35 effective March 16, 2013 to change the U.S. patent system from a “first to invent” system to a “first inventor to file” system.
The patent law specifies the subject matter for which a patent may be obtained and the conditions for patentability. The law establishes the United States Patent and Trademark Office to administer the law relating to the granting of patents and contains various other provisions relating to patents.