Legal Definitions - copyright and patent power

Copyright and patent power refers to the authority of the federal government to create and regulate a system for copyright and patent protection. This power is granted by Article I, Section 8, Clause 8 of the Constitution, which allows Congress 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".

For example, if someone invents a new machine, they can apply for a patent that gives them the exclusive right to make, use, and sell that machine for a certain period of time. Similarly, if someone writes a book, they can apply for a copyright that gives them the exclusive right to publish and sell that book for a certain period of time.

While states used to have some authority over copyright and patent laws, the Copyright Act of 1976 gave the federal government complete control over these areas. This means that states cannot pass their own copyright and patent legislation, and they do not have jurisdiction over any claims arising under copyright or patent law.