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24 J. Pat. Off. Soc'y 241 (1942)
The Relation between Patent Practices and the Anti-Monopoly Laws

handle is hein.journals/jpatos24 and id is 257 raw text is: April, 1942, Vol. XXIV, No. 4 The Relation Between Patent Practices and the Anti-Monopoly Laws By GILEs S. RICH (Continued from the March Issue) III EXTRA-LEGAL MONOPOLIZING In General Contributory Infringement The Dick Case Contemporary Praise of the Dick Decision The Motion Picture Case The Shoe Machinery Cases-First Case The Clayton Act-Second Shoe Machinery Case The International Business Machines Case EXTRA-LEGAL MONOPOLIZING In General Part I (February JOURNAL) was an attempt to clear up the current confusion on the question of whether or not the patent right is a monopoly. It was shown that it is a monopoly and its relation to other sorts of monopolies was considered. Part II (March JOURNAL) was a more particular con- sideration of the patent right per se and the reasons for its grant. It was also an attempt to clear up the con- fusion resulting from that old bogy of the patent law- exclusive right. It is deemed expedient to restate here that The franchise which the patent grants' con- sists altogether in the right to exclude. . . Bloomer v. McQuewan, 55 U. S. 539. The rights of making, using and selling are never derived from the patent grant and doing any of these things is never an exercise of the patent right. With this preliminary stage sweeping, scene setting and prologue we are ready to raise the curtain on the main show which is historical in nature, covers the past half century in time and has an economic plot. It is hoped that enough has been said about monopolies and patent rights to convey a rough idea of what they

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