In which Article and Section does Congress set a period of time on a patent?

Study for the LEGL 2700 Hackleman 3 Exam with comprehensive questions, each accompanied by detailed explanations and hints. Ace your exam preparation today!

Article 1, Section 8 of the United States Constitution grants Congress the power to regulate and establish laws concerning patents and copyrights. This specific section outlines that Congress has the authority "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 language "for limited Times" indicates that Congress is responsible for defining the duration that a patent is granted, which is critical for ensuring that inventors have a temporary monopoly on their inventions to incentivize innovation. In practice, this means Congress can set laws governing the length of time that patents remain valid, typically lasting 20 years from the filing date for utility patents.

The other options do not pertain to the establishment of patent durations. Article 2 focuses on the executive branch, while Articles 4 and 5 address different aspects of the governmental structure or amendments, which do not relate to patents. Thus, the reference to Article 1, Section 8 accurately encompasses the power granted to Congress regarding patent law and its time limits.

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