Patents are a form of intellectual property that give an inventor or patent holder the right to exclude others from making, using, offering for sale, selling, or importing a patented invention for a limited period of time. Patent law is separate and distinct from other areas of intellectual property law like trade secrets, copyright, or trademarks.

The foundation for patent law in the United States is Article I, Section 8, Clause 8 of the United States Constitution known as the “Intellectual Property Clause,” which states that Congress shall have the 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.

The Patent Act of 1952 is the current patent law of the United States though it has been amended numerous times over the years, including most recently through the Leahy-Smith America Invents Act. United States patent law is codified in Title 35 of United States Code.

The United States Patent and Trademark Office (USPTO) examines patent applications and issues patents, while federal courts like the U.S. Court of Appeals for the Federal Circuit have exclusive jurisdiction over patent infringement cases.

The Law Library of Congress receives many questions regarding patent law, particularly with regard to the United States patent application process. Patent law is a specialized area of practice and while this short Beginner’s Guide does not cover all the specific situations and requirements that you might encounter in your research, it is intended to provide you with a foundation in United States patent law and a way to find more advanced information as needed.