Patent law in the United States currently exists as provided for by the legal basis of the United States Code. Congress’s ability to pass legislation on patent law is derived from the legal foundation of Article One, Section 8(8) of the Constitution, which referred to the intention “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 Constitutional prima facie evidence on legal proceedings. In order to allow the United States Code to itself act as law, it would be necessary to more regularly and consistently revise its various provisions. With a mind to this, a sub-committee of the House Committee on the Judiciary had the task of revising the United States Code.
This committee responded to concerns about judicial supervision of patents by deciding to place new provisions in the revised code. The first draft was made in 1950, after which it went through many hands and underwent many changes up to the point of being passed into law.
Congress passed the Patent Act on July 4, 1952, upon which it was signed by President Harry S. Truman. The new patent law went into effect on January 1, 1953.
