A patentable invention must be new, non-obvious, & this, like the "arts" the constitution encourages
[DOC] [TLE] Annotation 39 - Article I - US Constitution - FindLaw [PAR] 1332 Congress was not vested by this clause, however, with anything akin to the 
... be of a ''nonobvious'' nature, that is, it must not be an improvement that would 
be ... use of new items versus the interest of the country, as a whole, in 
encouraging ...