Patents are exclusively governed by federal law the federal district courts have original jurisdiction of all civil cases arising under any federal law relating to patents see 28 usc 1338 in 1982 the united states court of appeals for the federal circuit assumed the jurisdiction of the former us court of patent and customs appeals. If we did not have a patent system it would be irresponsible on the basis of our present knowledge of its economic consequences to recommend instituting one but since we have had a patent system for a long time it would be irresponsible on the basis of our present knowledge to recommend . 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 what can be patented. Under united states law a patent is a right granted to the inventor of a 1 process machine article of manufacture or composition of matter 2 that is new useful and non obviousa patent is the right to exclude others from using a new technology specifically it is the right to exclude others from making using selling offering for sale importing inducing others to infringe and
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