DOCSLIB.ORG

History and Architecture of the Patent System

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
History and Architecture of the Patent System CHAPTER 1 History and Architecture of the Patent System INTRODUCTION The term “patent” is short for “letters patent,” derived from the Latin litterae patentes, meaning open letters.1 Generally, letters patent were letters addressed by the sovereign “to all whom these presents shall come,” reciting a grant of some dignity, office, franchise, or other privilege that has been given by the sovereign to the patentee.2 The modern American patent is a government issued grant, which confers upon the patent owner the right to exclude others from “making, using, offering for sale, or selling the invention throughout the United States or importing the invention into the United States” for a period of 20 years ending from the filing date of the patent application.3 A patent gives its owner the right to exclude; a patent does not provide a positive right to make, use, or sell the invention.4 As Chief Justice Taney, in the mid-nineteenth century, stated in Bloomer v. McQuewan, “[t]he franchise which the patent grants consists altogether in the right to exclude everyone from making, using or vending the 1. It should be noted that a patent for invention was just one form of “letters patent.” In England, the Crown would conduct much of its state business by means of charters and letters patent, including the grant of privileges to inventors to practice their inventions. As William Blackstone writes in his Commentaries: The King’s grants are also matter[s] of public record. These grants, whether of lands, honors, liberties, franchises, or aught besides, are contained in charters, or letters patent, that is, open letters, literae patentes: so called, because they are not sealed up, but exposed to open view, with the great seal pendant at the bottom; and are usually directed or addressed by the King to all his subjects at large. WILLIAM BLACKSTONE,2COMMENTARIES ON THE LAWS OF ENGLAND 316-17 (1768). The opposite of letters patent is letters close or litterae clausae, which are sealed so that only the addressee can read the contents of the letter. 2. ENCYCLOPEDIA BRITANNICA 969-70 (1942). 3. 35 U.S.C. § 154 (2006). Prior to June 8, 1995 (the effective date of the GATT-TRIPS legislation), the term for a United States patent was 17 years from the date the patent issued.In April 1994, the United States and several other countries participated in the Uruguay Round Agreements. The Uruguay Round included an “Agreement on Trade-Related Aspects of Intellec- tual Property” (TRIPS). The TRIPS patent section precipitated the change of the U.S. patent term from 17 years from date of issuance to 20 years from the filing date. As a result, the present patent term for applications filed before June 8, 1995, is (1) 17 years from date of issuance; or (2) 20 years measured from the filing date of the earliest referenced application, whichever is greater. For applications filed on or after June 8, 1995, the patent term is 20 years measured from the earliest claimed application filing date. 4. See FRANK Y. G LADNEY,RESTRAINTS OF TRADE IN PATENTED ARTICLES 1-17 (1910), for a good early twentieth-century discussion of the confusion that persisted in the lower courts as to what a patent granted to the inventor. 1 2 1. History and Architecture of the Patent System thing patented without the permission of the patentee. This is all that he obtains by the patent.”5 In this regard, it is important to understand that while a patent provides its owner with a legal monopoly — a statutory right to exclude — it rarely allows for an economic monopoly. An economic monopoly refers to the presence of signifi- cant market power, which can be defined as the ability of a firm to price a product above marginal cost without losing substantial sales. The reason a patent typically does not confer market power is that there are usually viable substitutes for the patented good (e.g., if I charge too high a price for my patented mouse trap, the consumer will purchase a cat).6 Thus, while a patentee with a marketable product has the opportunity to earn economic rents, he will typically — with rare exception7 — have to contend with viable substitutes. Moreover, the patent system neither guides inventors as to where they should channel their inventive energies, nor guarantee commercial success;8 rather, it is the marketplace that signals to inventors where the financial rewards reside, and the costs and benefits of a given research project.9 Thus, the patent system 5. 14 How. 539, 549 (1852). The practical significance of this distinction is explored in section B of this chapter (Economics of Patent Law), in Chapter 2, section B, in Comment 1 following the Incandescent Lamp case, and at the beginning of Chapter 7 on infringement. The right to exclude, without the right to use, is somewhat peculiar to patent law (as well as the law of copyright and negative easements). In contrast, the property right in real property (e.g., land) or personal property (e.g., a car or a computer) is a right to use that carries with it a logically subordinate right to exclude. That right to exclude exists to ensure the owner’s full enjoyment of the right to use. 6. See, e.g.,WILLIAM M. LANDES &RICHARD A. POSNER,THE ECONOMIC STRUCTURE OF INTELLECTUAL PROPERTY LAW 374-75 (2003) (stating “[t]he average patent . confers too little market power on the patentee in a meaningful economic sense to interest a rational antitrust enforcer, and sometimes it confers no monopoly power at all”) (emphasis in original); Michael A. Carrier, Unraveling the Patent-Antitrust Paradox, 150 U. PA.L.REV. 761, 791 (2002) (stating “patents typically do not demonstrate market power, and the set of technological substitutes that cannot be practiced because of the patent grant often has little overlap with the set of products that consumers view as economic substitutes”). 7. See Thomas F. Cotter, Refining the “Presumptive Illegality” Approach to Settlements of Patent Disputes Involving Reverse Payments: A Commentary on Hovenkamp, Janis and Lemley,87MINN.L.REV. 1789, 1814 n.94 (2003) (stating “pharmaceutical patents . sometimes do confer market power”). 8. See 1HERBERT HOVENKAMP,MARK D. JANIS &MARK A. LEMLEY,IPAND ANTITRUST § 4.2a (2005) (noting a patent grant “is not even a guarantee of market success,” let alone giving rise to an economic monopoly) 9. See B. ZORINA KHAN,THE DEMOCRATIZATION OF INVENTION:PATENTS AND COPYRIGHTS IN AMERI- CAN ECONOMIC DEVELOPMENT, 1790-1920 66 (2005) (stating that in the United States, patent “statutes from the earliest years ensured that the ‘progress of science and useful arts’ was to be achieved through a complementary relationship between law and the market in the form of a patent system”); STEVEN W. U SSELMAN,REGULATING RAILROAD INNOVATION:BUSINESS,TECHNOLOGY, AND POLITICS IN AMERICA, 1840-1920 97-98 (2002) (stating “a patent in and of itself conveyed no rewards or special privileges. Inventors did not receive a bounty based on the perceived utility of their handiwork. Rather, a patent merely extended to creative individuals a legal claim upon those who wished to use their novelties. The market would determine the number of takers and the amount they were willing to pay”); NUNO PIRES DE CARVALHO,THE TRIPS REGIME OF PATENT RIGHTS 1-9 (2nd ed. 2005) (discussing relationship between patent system and marketplace); BROOKE HINDLE,EMULATION AND INVENTION 18 (1981) (noting patent system “rested entirely upon the market economy”). Reflecting this sentiment, Henry Ellsworth, the superintendent of the patent office from 1835-45, in his report to the Secretary of State about the need for patent reform, wrote “for no sooner are the wants of the public known than men of ingenuity attempt to supply them.” REPORT FROM THE HON.HENRY L. ELLSWORTH TO THE SECRETARY OF STATE AND TRANSMITTED TO THE SELECT COMMITTEE ON THE PATENT LAWS 175, 177 (1836). See also JOEL MOKYR,THE GIFTS OF ATHENA: HISTORICAL ORIGINS OF THE KNOWLEDGE ECONOMY 76 (2002) (asking “which of all the problems that Introduction 3 embodies a self-selection process that works hand-in-hand with the market- place to foster innovation in a decentralized setting.10 Yet patent law’s “reward structure cannot be modified according to the market structure in which the innovator operates,”11 which means that some innovations will be over- rewarded while others under-rewarded.12 As two commentators have argued, a unitary patent system “simply cannot offer the range of proper incentives for the variety of technologies and industrial sectors it would need to serve.”13 In this decentralized setting, patent law can be viewed as a system of laws that offer a potential financial reward as an inducement to invent, to disclose technical information, to invest capital in the innovation process, and to facilitate efficient use and manufacturing of invention through licensing. No- tably, some industries respond to these incentives differently than others, and this holds true not only for established entities, but start-ups and entrepreneurs, as well.14 For instance, the pharmaceutical and medical equipment industries rely heavily on patents, whereas the chemical process and communications equipment industries prefer trade secrecy and lead time into the market, respectively, relying less on patents.15 And some industries seek patent protec- tion with an eye towards commercialization and generating revenue, while might be solved will an ingenious and creative individual apply his or her efforts to? The answer must be based in part on the signals that the market or another device sends to the potential inventor about the private and social benefits”).
Load more

Recommended publications
  • Patent Law As Public Law
    The Catholic University of America, Columbus School of Law CUA Law Scholarship Repository Scholarly Articles and Other Contributions Faculty Scholarship 2012 Patent Law as Public Law Megan M. La Belle The Catholic University of America, Columbus School of Law Follow this and additional works at: https://scholarship.law.edu/scholar Part of the Intellectual Property Law Commons, and the Litigation Commons Recommended Citation Megan M. La Belle, Patent Law as Public Law, 20 GEO. MASON. L. REV. 41 (2012). This Article is brought to you for free and open access by the Faculty Scholarship at CUA Law Scholarship Repository. It has been accepted for inclusion in Scholarly Articles and Other Contributions by an authorized administrator of CUA Law Scholarship Repository. For more information, please contact [email protected]. 2012] PATENT LAW AS PUBLIC LAW Megan M La Belle* INTRODUCTION Public law, or public impact, litigation takes many forms. The para- digm of public law litigation includes structural challenges to public institu- tions like segregated schools and overcrowded prisons,' yet it also encom- passes employment discrimination, securities fraud, antitrust, and environ- mental cases.2 In his seminal article on the subject, Professor Abram Chayes explains that public law adjudication usually concerns complaints about governmental conduct, and is characterized by complex party struc- tures and requests for ongoing remedial measures that have widespread effects on individuals not before the court.' Public law adjudication is fur- ther typified by active judges who decide substantive matters and are re- sponsible for the overall management of the suit.4 Patent litigation historically has been regarded as private law litiga- tion, meaning "disputes between private parties about private rights."5 It has been compared to property, contract, and tort litigation, all of which fall within the realm of private law adjudication.6 Were patent litigation to con- Assistant Professor, The Catholic University of America, Columbus School of Law.
    [Show full text]
  • Literary Property in Revolutionary France and America
    Columbia Law School Scholarship Archive Faculty Scholarship Faculty Publications 1990 A Tale of Two Copyrights: Literary Property in Revolutionary France and America Jane C. Ginsburg Columbia Law School, [email protected] Follow this and additional works at: https://scholarship.law.columbia.edu/faculty_scholarship Part of the Comparative and Foreign Law Commons, and the Intellectual Property Law Commons Recommended Citation Jane C. Ginsburg, A Tale of Two Copyrights: Literary Property in Revolutionary France and America, 64 TUL. L. REV. 991 (1990). Available at: https://scholarship.law.columbia.edu/faculty_scholarship/620 This Article is brought to you for free and open access by the Faculty Publications at Scholarship Archive. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of Scholarship Archive. For more information, please contact [email protected]. TULANE LAW REVIEW VOL. 64 MAY 1990 No. 5 A TALE OF TWO COPYRIGHTS: LITERARY PROPERTY IN REVOLUTIONARY FRANCE AND AMERICA JANE C. GINSBURG* I. INTRODUCTION The French and U.S. copyright systems are well known as opposites. The product of the French Revolution, French copy- right law is said to enshrine the author: exclusive rights flow from one's (preferred) status as a creator.' For example, a lead- * Associate Professor of Law, Columbia University. B.A. 1976, M.A. 1977, University of Chicago; J.D. 1980, Harvard University. Research for this Article was supported in part by the Columbia Law School Summer Research Grants program. Thanks to my colleagues George Bermann, Richard Briffault, Henry P. Monaghan, and Peter Strauss, and to Professor John Merryman, Stanford Law School, for valuable comments on earlier drafts.
    [Show full text]
  • An Overview of Changes to the Patent Law of the United States After the Patent Law Treaty, 26 J
    UIC Law Review Volume 26 Issue 3 Article 3 Spring 1993 An Overview of Changes to the Patent Law of the United States after the Patent Law Treaty, 26 J. Marshall L. Rev. 497 (1993) Richard C. Wilder Follow this and additional works at: https://repository.law.uic.edu/lawreview Part of the Comparative and Foreign Law Commons, Intellectual Property Law Commons, International Law Commons, International Trade Law Commons, and the Transnational Law Commons Recommended Citation Richard C. Wilder, An Overview of Changes to the Patent Law of the United States after the Patent Law Treaty, 26 J. Marshall L. Rev. 497 (1993) https://repository.law.uic.edu/lawreview/vol26/iss3/3 This Article is brought to you for free and open access by UIC Law Open Access Repository. It has been accepted for inclusion in UIC Law Review by an authorized administrator of UIC Law Open Access Repository. For more information, please contact [email protected]. AN OVERVIEW OF CHANGES TO THE PATENT LAW OF THE UNITED STATES AFTER THE PATENT LAW TREATY RICHARD C. WILDER* INTRODUCTION A. The Negotiations on the PatentLaw Treaty In 1984, negotiations began under the auspices of the World In- tellectual Property Organization ("WIPO")' to harmonize "grace period" provisions.2 These negotiations soon developed beyond their original scope and eventually led to the Diplomatic Confer- ence for the Conclusion of a Treaty Supplementing the Paris Con- vention as Far as Patents are Concerned ("Diplomatic Conference"). The first part of the Diplomatic Conference was held June 3 to 21, 1991. While a second part of the Diplomatic Con- ference was scheduled for July 12 to 30, 1993, 3 this has been post- 4 poned at the request of the United States of America.
    [Show full text]
  • The Value of Patents in the United States and Abroad: Guidelines for the General Practitioner
    CORE Metadata, citation and similar papers at core.ac.uk Provided by Cornell Law Library Cornell International Law Journal Volume 8 Article 1 Issue 2 May 1975 The alueV of Patents in the United States and Abroad: Guidelines for the General Practitioner David Silverstein Follow this and additional works at: http://scholarship.law.cornell.edu/cilj Part of the Law Commons Recommended Citation Silverstein, David (1975) "The alueV of Patents in the United States and Abroad: Guidelines for the General Practitioner," Cornell International Law Journal: Vol. 8: Iss. 2, Article 1. Available at: http://scholarship.law.cornell.edu/cilj/vol8/iss2/1 This Article is brought to you for free and open access by the Journals at Scholarship@Cornell Law: A Digital Repository. It has been accepted for inclusion in Cornell International Law Journal by an authorized administrator of Scholarship@Cornell Law: A Digital Repository. For more information, please contact [email protected]. CORNELL INTERNATIONAL LAW JOURNAL Volume 8 May 1975 Number 2 The Value of Patents in the United States and Abroad: Guidelines for the General Practitioner DAVID SILVERSTEIN* Although infrequently called upon to address the more technical aspects of patent practice, the general practitioner may have many occasions to give advice concerning the strength and value of a domes- tic or foreign patent belonging to a client, a client's competitor, or a prospective licensor." Typically an international patent problem, which * Member of the Massachusetts Bar. B.S. 1968; J.D. 1973, Cornell University. The substance of this Article was originally presented to the International Business Transac- tions class at the Cornell Law School, March 1974.
    [Show full text]
  • The Governors of Connecticut, 1905
    ThegovernorsofConnecticut Norton CalvinFrederick I'his e dition is limited to one thousand copies of which this is No tbe A uthor Affectionately Dedicates Cbis Book Co George merriman of Bristol, Connecticut "tbe Cruest, noblest ana Best friend T €oer fia<T Copyrighted, 1 905, by Frederick Calvin Norton Printed by Dorman Lithographing Company at New Haven Governors Connecticut Biographies o f the Chief Executives of the Commonwealth that gave to the World the First Written Constitution known to History By F REDERICK CALVIN NORTON Illustrated w ith reproductions from oil paintings at the State Capitol and facsimile sig natures from official documents MDCCCCV Patron's E dition published by THE CONNECTICUT MAGAZINE Company at Hartford, Connecticut. ByV I a y of Introduction WHILE I w as living in the home of that sturdy Puritan governor, William Leete, — my native town of Guil ford, — the idea suggested itself to me that inasmuch as a collection of the biographies of the chief executives of Connecticut had never been made, the work would afford an interesting and agreeable undertaking. This was in the year 1895. 1 began the task, but before it had far progressed it offered what seemed to me insurmountable obstacles, so that for a time the collection of data concerning the early rulers of the state was entirely abandoned. A few years later the work was again resumed and carried to completion. The manuscript was requested by a magazine editor for publication and appeared serially in " The Connecticut Magazine." To R ev. Samuel Hart, D.D., president of the Connecticut Historical Society, I express my gratitude for his assistance in deciding some matters which were subject to controversy.
    [Show full text]
  • Evergreening" Metaphor in Intellectual Property Scholarship
    University of Missouri School of Law Scholarship Repository Faculty Publications Faculty Scholarship 2019 The "Evergreening" Metaphor in Intellectual Property Scholarship Erika Lietzan University of Missouri School of Law, [email protected] Follow this and additional works at: https://scholarship.law.missouri.edu/facpubs Part of the Food and Drug Law Commons, Intellectual Property Law Commons, and the Science and Technology Law Commons Recommended Citation Erika Lietzan, The "Evergreening" Metaphor in Intellectual Property Scholarship, 53 Akron Law Review 805 (2019). Available at: https://scholarship.law.missouri.edu/facpubs/984 This Article is brought to you for free and open access by the Faculty Scholarship at University of Missouri School of Law Scholarship Repository. It has been accepted for inclusion in Faculty Publications by an authorized administrator of University of Missouri School of Law Scholarship Repository. For more information, please contact [email protected]. DATE DOWNLOADED: Wed Jan 20 13:42:00 2021 SOURCE: Content Downloaded from HeinOnline Citations: Bluebook 21st ed. Erika Lietzan, The "Evergreening" Metaphor in Intellectual Property Scholarship, 53 AKRON L. REV. 805 (2019). ALWD 6th ed. Lietzan, E. ., The "evergreening" metaphor in intellectual property scholarship, 53(4) Akron L. Rev. 805 (2019). APA 7th ed. Lietzan, E. (2019). The "evergreening" metaphor in intellectual property scholarship. Akron Law Review, 53(4), 805-872. Chicago 7th ed. Erika Lietzan, "The "Evergreening" Metaphor in Intellectual Property Scholarship," Akron Law Review 53, no. 4 (2019): 805-872 McGill Guide 9th ed. Erika Lietzan, "The "Evergreening" Metaphor in Intellectual Property Scholarship" (2019) 53:4 Akron L Rev 805. AGLC 4th ed. Erika Lietzan, 'The "Evergreening" Metaphor in Intellectual Property Scholarship' (2019) 53(4) Akron Law Review 805.
    [Show full text]
  • Secret Prior Art and the Duty of Disclosure
    DePaul Law Review Volume 30 Issue 4 Summer 1981 Article 3 Secret Prior Art and the Duty of Disclosure Bradley J. Hulbert Follow this and additional works at: https://via.library.depaul.edu/law-review Recommended Citation Bradley J. Hulbert, Secret Prior Art and the Duty of Disclosure, 30 DePaul L. Rev. 819 (1981) Available at: https://via.library.depaul.edu/law-review/vol30/iss4/3 This Article is brought to you for free and open access by the College of Law at Via Sapientiae. It has been accepted for inclusion in DePaul Law Review by an authorized editor of Via Sapientiae. For more information, please contact [email protected]. SECRET PRIOR ART AND THE DUTY OF DISCLOSURE Bradley J. Hulbert* The federal district courts and the Court of Customs and Patent Appeals have issued conflicting opinions as to the use of "secret, ' section 102 (g) technical developments as prior art to invalidate a patent. The courts should now rationalize the decisions so as to maintain the principle that only the first inventor is entitled to a patent. Moreover, the United States Patent and Trademark Office rules must be construed as specifically requiringapplicants to state what they know, or what they are in a position to find out, regard- ing whether the inventor is entitled to a patent in light of "secret" technical developments. I. INTRODUCTION A person who invents or discovers something useful may apply for a patent, a special type of contract with the United States government. 2 In return for fully disclosing how to make and use the new discovery 3 and thus * Allegretti, Newitt, Witcoff& McAndrews, Ltd., Chicago, Illinois.
    [Show full text]
  • Patent Eligibility and Physicality in the Early History of Patent Law and Practice
    View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by University of Arkansas at Little Rock: UALR Bowen Law Repository University of Arkansas at Little Rock Law Review Volume 38 Issue 2 Article 2 2016 Patent Eligibility and Physicality in the Early History of Patent Law and Practice Ben McEniery Follow this and additional works at: https://lawrepository.ualr.edu/lawreview Part of the European Law Commons, and the Legal History Commons Recommended Citation Ben McEniery, Patent Eligibility and Physicality in the Early History of Patent Law and Practice, 38 U. ARK. LITTLE ROCK L. REV. 175 (2016). Available at: https://lawrepository.ualr.edu/lawreview/vol38/iss2/2 This Article is brought to you for free and open access by Bowen Law Repository: Scholarship & Archives. It has been accepted for inclusion in University of Arkansas at Little Rock Law Review by an authorized editor of Bowen Law Repository: Scholarship & Archives. For more information, please contact [email protected]. PATENT ELIGIBILITY AND PHYSICALITY IN THE EARLY HISTORY OF PATENT LAW AND PRACTICE Ben McEniery* I. INTRODUCTION In recent times, the courts have been asked to determine whether, and to what extent, the patent system protects claims to inventions that do not involve a machine or other physical device and do not involve a physical transformation of matter from one state to another. It is uncontroversial that the patent system exists to provide an incentive to encourage the invention and commercialization of new products and processes and the disclosure by the patent applicant of information sufficient to enable a person skilled in the relevant field of technology to reproduce the claimed invention.
    [Show full text]
  • To Enlarge the Machinery of Government Hoffer, Williamjames Hull
    To Enlarge the Machinery of Government Hoffer, Williamjames Hull Published by Johns Hopkins University Press Hoffer, Williamjames Hull. To Enlarge the Machinery of Government: Congressional Debates and the Growth of the American State, 1858–1891. Johns Hopkins University Press, 2007. Project MUSE. doi:10.1353/book.3490. https://muse.jhu.edu/. For additional information about this book https://muse.jhu.edu/book/3490 [ Access provided at 25 Sep 2021 08:37 GMT with no institutional affiliation ] This work is licensed under a Creative Commons Attribution 4.0 International License. To Enlarge the Machinery of Government Reconfiguring American Political History Ronald P. Formisano, Paul Bourke, Donald DeBats, and Paula M. Baker Series Founders To Enlarge the Machinery of Government Congressional Debates and the Growth of the American State, 1858–1891 Williamjames Hull Hoffer The Johns Hopkins University Press Baltimore © 2007 The Johns Hopkins University Press All rights reserved. Published 2007 Printed in the United States of America on acid-free paper 987654321 The Johns Hopkins University Press 2715 North Charles Street Baltimore, Maryland 21218-4363 www.press.jhu.edu Library of Congress Cataloging-in-Publication Data Hoffer, Williamjames Hull. To enlarge the machinery of government : congressional debates and the growth of the American state, 1858–1891 / Williamjames Hull Hoffer. p. cm. — (Reconfiguring American political history) Includes bibliographical references and index. isbn-13: 978-0-8018-8655-3 (hardcover : alk. paper) isbn-10: 0-8018-8655-4 (hardcover : alk. paper) 1. United States—Politics and government—19th century. 2. Federal government—United States. 3. United States. Congress. 4. Debates and debating—United States.
    [Show full text]
  • Founding Choices in Innovation and Intellectual Property Protection B
    Looking Backward: Founding Choices in Innovation and Intellectual Property Protection B. Zorina Khan INTRODUCTION From the distance of more than two hundred years, casual consideration of “the Founding” of American institutions tends to convey the impression of a defining discrete moment in time, the outcome of an epiphany experienced by the cadre of extraordinary individuals who established those early rules and standards. The intellectual property clause of the constitution especially might project this aura of inevitability because it was passed unanimously and without debate, with the intent 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.” Instead, a closer examination reveals a less coherent narrative, featuring conflicts among key players, political and personal compromises, and the evolution of views and doctrines over the years. In short, it is worth noting that the Founding was not a moment, but a process, and the Founders’ choices were initially expansive and fluid, before crystallizing into a system of patents and copyrights that was unique in its objective and structure relative to any other in the world then and since. The individuals who met in Philadelphia for the Constitutional Convention of 1787 clearly did not start with a blank slate nor with a well-defined consensus. The Articles of Confederation were a starting point for a number of political and economic issues, but this document failed to address questions of innovation and intellectual property. Instead, the policies that were introduced in the Constitution and the statutes that elaborated on the constitutional clause were developed from, and in reaction to, an array of other sources.
    [Show full text]
  • Henry L. Ellsworth Circular, 1837
    Indiana Historical Society - Manuscripts & Archives HENRY L. ELLSWORTH CIRCULAR, 1837 Collection # SC 2378 Table of Contents User information Biographical sketch Scope and Content note Cataloguing information Processed by Charles Latham 21 May 1993 USER INFORMATION VOLUME OF COLLECTION: 1 item COLLECTION DATE: 1837 PROVENANCE: Thomas J. Moebs, Williamsburg VA, 19 May 1992 REPRODUCTION RIGHTS: Permission to reproduce or publish material in this collection must be obtained in writing from the Indiana Historical Society RELATED HOLDING: pam f F 532 .W2 E39 (printed circular without attached letter) ACCESSION NUMBER: 92.0253 BIOGRAPHICAL SKETCH Henry Leavitt Ellsworth (1791-1858) was born in Windsor, Connecticut, the son of Chief Justice Oliver Ellsworth. He graduated from Yale in 1810, and married Nancy Goodrich. In 1819-1821 he was president of Aetna Insurance Company. In 1832 he was commissioner to supervise the settlement of Indian tribes west of Arkansas. He was Commissioner of Patents from 1835 to 1845. An agriculturist as well as a federal functionary, he has been called the father of the United States Department of Agriculture. Source: Who Was Who in America (Historical Volume) SCOPE AND CONTENT This collection consists of one item, a printed circular with attached conjugate leaf. The circular, signed by Henry L. Ellsworth on 20 February 1837, announces the partnership of John Curtis and Edward A. Ellsworth, in Lafayette, Indiana, to act as a land and loan agency in the Wabash and Maumee valley. This area was expected to be opened up by construction of the Wabash and Erie Canal. On the second page is a letter from Curtis and Ellsworth to Swepson Whitehead of Norfolk, Virginia, enclosing seventeen land certificates, and a receipt from Henry Ellsworth for $2,000 in payment.
    [Show full text]
  • Morality: an Important Consideration at the Patent Office
    Morality: An Important Consideration at the Patent Office Julien Crockett* Recent developments in biotechnology have opened new avenues not only for research but also for patenting. However, recent United States Supreme Court decisions such as Association for Molecular Pathology v. Myriad Genetics demonstrate the interpretive difficulties these new technologies raise in patent law. Many scholars, for example, have argued that rather than using the “product of nature” doctrine and focusing on the line between human and natural constructs, the Court in Myriad should have ruled based on the doctrine’s policy goal: protecting the basic tools of scientific and technological work. Not doing so has led to doctrinal confusion, decreased patent protection, and increased uncertainty in industry. In addition, recent biotechnological developments also raise increased ethical concerns. These concerns should lead us to reconsider the relationship between patent law and ethics. After reviewing the history of intellectual property protection for biotechnology inventions, this Note considers the policy rationale of promoting “useful” inventions and proposes implementation of a new procedure for ethical review at the United States Patent and Trademark Office. Introduction ............................................................................................. 268 I. History of the Moral Utility Doctrine .................................................. 275 II. The Rise of the Biotechnology Industry ............................................ 278
    [Show full text]