Patents

Cover Patents
Patents
Eugene Dutilh Sewall
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) Proper Tribunals for Cases Involving- Patented Articles Remedies for wrongs against patented property, then, may be had by the same procedure and in the same tribunals as* remedies for wrongs against unpatented property; but wrongs against the "property in the notion, " the right of exclusion, which is an artificial right created by Congress, may be remedied only in the way and by the tribunals designated by Congress. When one patents an invention, he has all the rights and remedies respectin...g the invention that he had before, and when these rights are invaded his remedy is at com- mon law or equity; but when the government grants the patent, it undertakes, figuratively, to police the industrial territory reserved to him, by preventing others from making, selling and using the pat- tented product without his consent. If no one else attempts to make, use or sell the patented product, the benefits derived from the in- vention are not augmented by reason of the patent, and wrongs to PATENTS 35 the property of the inventor may be redressed by the ordinary ma- chinery of the law; but when others seek without authority to make, use and sell that product, thus encroaching upon the reserved terri- ory, the government steps forward and, as it were, ejects them.

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