The Constitution for the United States of America

Article 1
Section 8 - Paragraph 8

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:

This grants the Legislature the power to create the Patent Office and to help Authors and Inventors protect their rights to their creations and discoveries.

This probably needs to be done on a Federal level so there's no bickering because someone didn't check one of the States.

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