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A Brief Inquiry Into The Principles, Effect, And Present State Of The American Patent System - Softcover

Henry Howson

 
9780371758502: A Brief Inquiry Into The Principles, Effect, And Present State Of The American Patent System

Synopsis

A Brief Inquiry Into The Principles, Effect, And Present State Of The American Patent System: Together With The Laws Of The United States Relating To Patents, Trade-Marks And Copyrights by Henry Howson. This nineteenth-century treatise argues for a liberal but carefully administered patent system in the United States. Howson traces the history of property in inventions from the English Statute of Monopolies through early American statutes, explaining that patents are not monopolies but temporary rights granted in exchange for disclosure intended to promote the useful arts. The book outlines the aims of patent law, the justification for rewarding inventors, and the essential features of a good patent regime: novelty, utility, clear description, and certainty. It examines the American system's hallmark of prior official examination before grant, contrasts it with English practice, and defends the examination as a safeguard against frivolous or harmful patents while enabling practical innovation. The text surveys the patent process, the organization of the Patent Office, and remedies for defective patents, including reissues and disclamers, as well as the procedures for interferences, caveats, appeals, and infringement actions. It also includes the statute text for patents, copyrights, and trademarks as of 1870-71. The author argues that a well-structured system benefits both inventors and the public by fostering progress and legal certainty.

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