A patentable invention must be new, non-obvious, & this, like the "arts" the constitution encourages
Letters patent for a new invention or discovery in the arts confer 
upon the... [DOC] [TLE] Intellectual property facts, information, pictures | Encyclopedia.com ... [PAR] Under Article I, Section 8, Clause 8, of the Constitution, "The Congress shall have 
Power  .... Patent laws encourage private investment in new technologies by 
granting to ...