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30 New Eng. L. Rev. 1019 (1995-1996)
Parents Claiming Genetically Engineered Inventions: A Few Thoughts on Obtaining Broad Property Rights

handle is hein.journals/newlr30 and id is 1029 raw text is: NOTES Patents Claiming Genetically Engineered Inventions: A Few Thoughts on Obtaining Broad Property Rights I. INTRODUCTION The United States Constitution authorizes Congress to promote the useful arts through the granting of exclusive licenses to inventors.' Congress exercised this power early in the nation's history with the passage of the first patent statute in 1790.2 Patents protect the property interests of inventors by conferring an exclusive right to preventing others from making, selling, offering for sale, using, or importing their inventions for a term running from the date the patent is issued until twenty years from the date the patent application was filed Thus, the ownership of a patent gives one the right to prevent others from prac- ticing the invention,' for the term of the patent.5 The United States Patent and Trademark Office (PTO) issues ap- proximately 100,000 patents annually, with the majority being awarded to inventors who are citizens of the United States.' The issuance rate of 1. U.S. CONST., art. 1, § 8, cl. 8. The United States Constitution confers upon Congress the power [t]o promote the Progress of Science and useful Arts, by secur- ing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries. Id. 2. Act of Apr. 10, 1790, ch. 7, § 2, 1 Stat. 109 (repealed 1793). 3. 35 U.S.C.A. § 154(a)(2) (Supp. 1996). Every patent shall ... grant to the patentee, his heirs or assigns, of the right to exclude others from making, using, offering for sale, or selling the invention throughout the United States or importing the invention into the United States . I...d. § 154(a)(1). 4. 35 U.S.C. § 271 (1994). 5. Id. 6. Paul Overberg, USA More Inventive/Patent Fever Grips U.S. Inventors, USA TODAY, Oct. 21, 1994, at lB. United States companies with extensive patent portfo- lios include AT&T, which was issued its 25,000th patent in 1994, and IBM, which 1019

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