Patent and Trade Mark Review Volume 17

Patent and Trade Mark Review Volume 17

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1919 edition. Excerpt: ...Sanitary Mfg. Co., 191 Fed., 172, 190), and if the patentee in this case can exclude no one in the United States from such use his rights are indeed shadowy, and the plain purpose of the legislation is defeated. The patent becomes an evidence of the self-abnegation of the inventor rather than of any property in the invention, and the question immediately arises why Congress, in permitting the grant of such a patent to officers of the Government, should exclude officers and employees of the Patent Office. Obviously, Congress felt that it was granting a valuable right, and obviously, therefore, the proviso should not be construed as depriving the right of all value. There is here involved, moreover, a public policy additional to that which encourages invention. The Government is not, merely by reason of the fact that an inventor is an officer of the United States, entitled to the benefits of his discoveries. Solomons v. United States, 137 U.' S., 342, 346; Gill v. United States, 160 U. S., 426, 435). If the United States is to acquire the right to use a patentable invention of such an officer made, so to speak, in his private capacity, it must be under legislation of this character. But the construction given to the act by the Patent Office has deterred officers of the Government from applying for patents under it. This construction appears to me to adhere too closely to the letter, even at the expense of arriving at an unreasonable result, The reason of the law is against it, and to avoid conflict with the spirit of the act the general terms of the proviso must be confined to the narrower limits of the specific terms which precede it. Even without the aid of the technical rules of interpretation upon which we can rely in this case, more

Product details

  • Paperback | 172 pages
  • 189 x 246 x 9mm | 318g
  • United States
  • English
  • black & white illustrations
  • 1236841727
  • 9781236841728