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Intellectual Property

Are Patents Property That Is Protected by the U.S. Constitution?

For over 100 years, patents have been considered personal property entitled to full protectionunder the U.S. Constitution. The U.S. Supreme Court so held in many cases. For example, in an an 1876 case, the Court stated, “A patent for an invention is as much property as a patent for land. The right rests on the same foundation, and is surrounded and protected by the same sanctions.”

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Landslide, by the American Bar Association

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