The Constitution confers upon Congress the power to "promote the ... useful Arts, by securing for limited Times to... Inventors the exclusive Right to their... Discoveries." Since the Patent Act of 1790, Congress has continued to define and redefine the metes and bounds of the patent right. This tradition continues with the Patent Reform Act of 2005, introduced in the House of Representatives on June 8, 2005.
Jesse S. Chui,
To What Extent Can Congress Change the Patent Right without Effecting a Taking,
34 Hastings Bus L.J. 447
Available at: https://repository.uchastings.edu/hastings_constitutional_law_quaterly/vol34/iss3/2