In The Great Atlantic and Pacific Tea Co. vs. Supermarket Corp.,
340 U.S. 147 (1950) Mr. Justice Douglas filed an interesting
concurring opinion for himself and Justice Black.
"It is not enough," says Justice Douglas , "that an article is
new and useful. The Constitution never sanctioned the patenting of
gadgets. Patents serve a higher end--the advancement of science. An
invention need not be as startling as an atomic bomb to be patentable.
But it has to be of such quality and distinction that masters of the
scientific field in which it falls will recognize it as an advance."
He then quotes the following from an opinion of Justice Bradley's
given 70 [now 120] years before:
"It was never the object of those laws to grant a monopoly for
every trifling device, every shadow of a shade of an idea, which would
naturally and spontaneously occur to any skilled mechanic or operator
in the ordinary progress of manufactures. Such an indiscriminate
creation of exclusive privileges tends rater to obstruct than to
stimulate invention. It creates a class of speculative schemers who make
it their business to watch the advancing wave of improvement, and gather
its foam in the form of patented monopolies, which enable them to lay a
heavy tax upon the industry of the country, without contributing anything
to the real advancement of the arts. It embarrasses the honest pursuit
of business with fears and apprehensions of concealed liens and unknown
liabilities lawsuits and vexatious accountings for profits made in good
faith." (Atlantic Works v. Brady, 1017 U.S. 192, 200 (1882)).
The above words may be Patented or Patent Pending.
The Borg are also Patent Pending. Resistance is futile, U will be patented !
Thanks
Kode
340 U.S. 147 (1950) Mr. Justice Douglas filed an interesting
concurring opinion for himself and Justice Black.
"It is not enough," says Justice Douglas , "that an article is
new and useful. The Constitution never sanctioned the patenting of
gadgets. Patents serve a higher end--the advancement of science. An
invention need not be as startling as an atomic bomb to be patentable.
But it has to be of such quality and distinction that masters of the
scientific field in which it falls will recognize it as an advance."
He then quotes the following from an opinion of Justice Bradley's
given 70 [now 120] years before:
"It was never the object of those laws to grant a monopoly for
every trifling device, every shadow of a shade of an idea, which would
naturally and spontaneously occur to any skilled mechanic or operator
in the ordinary progress of manufactures. Such an indiscriminate
creation of exclusive privileges tends rater to obstruct than to
stimulate invention. It creates a class of speculative schemers who make
it their business to watch the advancing wave of improvement, and gather
its foam in the form of patented monopolies, which enable them to lay a
heavy tax upon the industry of the country, without contributing anything
to the real advancement of the arts. It embarrasses the honest pursuit
of business with fears and apprehensions of concealed liens and unknown
liabilities lawsuits and vexatious accountings for profits made in good
faith." (Atlantic Works v. Brady, 1017 U.S. 192, 200 (1882)).
The above words may be Patented or Patent Pending.
The Borg are also Patent Pending. Resistance is futile, U will be patented !
Thanks
Kode