Summer is almost here — How would you fare on this final exam question:
The Progress Clause (Article I, Section 8, Clause 8) of the U.S. Constitution provides 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."
Using this clause as a basis for analysis:
- Would it be Constitutional for Congress to eliminate the right to an injunction for patent infringement?
- Would it be Constitutional for Congress to modify the right to an injunction so that one is only available if the patentee is “making use” of the invention?