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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