Patent is a contract between an inventor and a sovereign on behalf of public in which the sovereign promises to grant patent rights against disclosure of the invention by the inventor.
“A patent is granted by a sovereign power, and its rights, privileges, and obligations begin and end with the country which issue it.”
.~ Alluminum Co. America v Sperry Products, Inc. (CA Ohio) 285 F2d 911.
“A patent is a statutory monopoly which protects against unlicensed use of the patented device or process even by one who discovers it properly through independent research.”
.~ Cataphote Corp. v Hudson (CA5 Miss) 422 F2d 1290.
“ A patent is not a conveyance of property from the government.”
~ Marsh v Nicolas, Shepard & Co., 128 US605, 32 L ed 538, 9s ct 168.
“ Patent is a species of property*---- incorporeal**, personal property***.”
~ * Cammeyer v Newton, 94 US 225, 24L Ed 72
~ ** Patterson v Kentucky, 97 US 501, 24 L Ed 1115
~ *** De La Vergne Refrigeration Machine Co. v Featherstone, 147 US 209, 3L Ed 138, 13 S ct 283. |