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11 J. Pat. Off. Soc'y 533 (1929)
Patents for Scientific Discoveries

handle is hein.journals/jpatos11 and id is 557 raw text is: PATENTS FOR SCIENTIFIC DISCOVERIES PATENTS FOR SCIENTIFIC DISCOVERIES By Wm. I. WYMAN There have been efforts exerted lately proposing to extend the bene.1ts of the patent system considerably beyond its pres- ent scope, and to include within its beneficial provisions many intellectual -contributions entirely outside the present field of patentable invention. The most insistent claimants for this extension of the right of property in ideas are the proponents of the proposal that a discoverer of a principle of science shall be granted a quasi-patent right. This -particular -proposition, which hereafter shall be termed the proposal, is the special subject-matter of this paper. In order to treat it understand- ingly the discussion includes a reference to the principles of patent law; a justification of the patent system; and a compari- son indicating analogies and differences between invention and scientific discovery. PATENT LAW AND INVENTION Thd constitutional provis'on which is the basis of the patent laws in this country states that Congress ''shall have power ' ' * to promote the progress of science and useful arts by securing for limited terms to * * * inIventors the exclusive right to their respective * * * .discoveries. The word discovery as therein used signifies invention and nothing else. (Walker, See. 2). The word' in its special, legal implication involves an act of creation, of the contrivance of things that had no prior existence, in contradistinction to the dictionary meaning of finding things already existent or the ascertainment of natural laws by any intellectual process. The main purpose of the patent laws in all countries is to promote industry. The principle upon which this legis- lation is based is the recognition that the most effective method for advancing national prosperity is to stimulate inventive skill and energy through inducements of pecuni- ary reward made operative by the patent system. (Rob- inson). The patent laws confer upon an inventor a privi- lege of monopoly limited as to time and character, by which others are excluded from manufacturing the prod- uct of his invention, in exchange for the disclosure, which becomes public property at the end of the period.

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