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1 Frank Y. Gladney, Restraints of Trade in Patented Articles i (1910)

handle is hein.intprop/rainteind0001 and id is 1 raw text is: RESTRAINTS OF TRADE IN PATENTED ARTICLES BY FRANK Y. GLADNEY of the St. Lauis Bar. THE FRANCHISE WHICH THE PATENT GRANTS, CONSISTS ALTO- GETHER IN THE RIGHT TO EXCLUDE EVERY ONE FROM MAKING, USING OR VENDING, THE THING PATENTED, WITHOUT THE PERMIS- SION OF THE PATENTEE. THIS IS ALL HE OBTAINS BY THE PATENT. ---CHIEF JUS TICE TANEY IN BLOOMER vs. McQUEWAN (1852)14 HOW.539. THE TRUTH IS THAT LETTERS PATENT DO NOT GIVE THE PATENTEE ANY RIGHT TO USE THE INVENTION-THEY DO NOT CON- FER UPON HIM A RIGHT TO MANUFACTURE ACCORDING TO HIS I V*ENTION. THAT IS A RIGHT WHICH HE WOULD HAVE EQUALLY EFFECTUALLY IF THERE WERE NO LETTERS PATENT AT ALL. WHAT THE LETTERS PATENT CONFER IS A RIGHT TO EXCLUDE OTHERS FROM MANUFACTURING IN A PARTICULAR WAY AND USING A PAR- ITCULAR INVENTION.-LORD HERSCHELL TO THE HOUSE OF LORDS IX STEERS vs. ROGERS (1893) A. C. 232. ST. LOUIS MAZDA PUBLISHING CO. 1910

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