a. U.S. Constitution Article 1 § 8

Authorizes Congress to "promote useful arts by securing for limited times to inventors exclusive right to their discoveries." Congress sets conditions and tests for patentability and "may implement stated constitutional purpose by selecting policy which in its judgment best effectuates constitutional aim." Graham v John Deere Co. (1966) 383 US 1, 15 L Ed 2d 545, 86 S Ct 684, 148 USPQ 459.

1. In terms of patent law, software is special