About: Intellectual property clause   Sponge Permalink

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The Nation's copyright and patent systems reflect a precise calibration of private and public legal rights designed to "promote the Progress of Science and useful Arts." The Intellectual Property Clause of the U.S. Constitution provides that: The Supreme Court has concluded that the references to "Science" (i.e., knowledge generally) and "Writings" creates the right to copyright protection and the references to "useful Arts" and "Discoveries" creates the right to patent protection.

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  • Intellectual property clause
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  • The Nation's copyright and patent systems reflect a precise calibration of private and public legal rights designed to "promote the Progress of Science and useful Arts." The Intellectual Property Clause of the U.S. Constitution provides that: The Supreme Court has concluded that the references to "Science" (i.e., knowledge generally) and "Writings" creates the right to copyright protection and the references to "useful Arts" and "Discoveries" creates the right to patent protection.
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  • The Nation's copyright and patent systems reflect a precise calibration of private and public legal rights designed to "promote the Progress of Science and useful Arts." The Intellectual Property Clause of the U.S. Constitution provides that: "The economic philosophy behind the clause empowering Congress to grant patents and copyrights is the conviction that encouragement of individual effort by personal gain is the best way to advance public welfare through the talents of authors and inventors in 'Science and useful Arts.'" To encourage innovation, the copyright and patent laws grant the creators of works that qualify for a patent or copyright an exclusive right to use and benefit from their works for a period of years. But on expiration of a patent or copyright, the creation inures to the public, which is generally entitled to copy it and profit from its use. The Supreme Court has concluded that the references to "Science" (i.e., knowledge generally) and "Writings" creates the right to copyright protection and the references to "useful Arts" and "Discoveries" creates the right to patent protection. The Supreme Court has characterized this clause as "both a grant of power and a limitation." The authority extends only to promoting the progress of science and useful arts, and it must be implemented accordingly:
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