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  • Securitization of Patents and its Continued Viability in Light of the Current Economic Conditions

    The United States Constitution states that “Congress shall have 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.” Through its constitutional grant of power to promote the progress of science and the useful arts, Congress created the Patent Act, which outlines the patent granting process and the rights possessed by patent holders. Thus, a patent is really a statutory creation by the federal government, granting an inventor “the right to exclude others from making, using, offering for sale, or selling . . . or importing” the claimed invention or pro ext/javascript"> t/javascript"> cess. When this right to exclude is combined with commercial success it can create enormous financial value.