Constitution Day

Today is Constitution Day. On this day, September 17, 1787, the U.S. Constitution was signed thirty-nine Founding Fathers, ushering the birth of the United States. Several clauses in the Constitution have direct import to intellectual property. Article I, Section 8, Clause 8 is the Patent and Copyright Clause, which is the basis of U.S. patent and copyright laws. It reads that Congress has 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.

Furthermore, Article I, Section 8, Clause 3, is the Commerce Clause. It grants to Congress the power to regulate commerce among countries, states, and Indian tribes, and serves as the basis for U.S. trademark law. It reads:

The Congress shall have the power to regulate commerce with foreign nations, and among the several states, and with the Indian tribes.

The Commerce Clause is the basis for U.S. trademark law as all federally registered trademarks and service marks fall under the Congressional authority of regulation of interstate commerce.