Line | Because the framers of the United States |
| Constitution (written in 1787) believed that protecting |
| property rights relating to inventions would encourage |
| the new nations economic growth, they gave |
(5) | Congress—the national legislature—a constitutional |
| mandate to grant patents for inventions. The resulting |
| patent system has served as a model for those in |
| other nations. Recently, however, scholars have |
| questioned whether the American system helped |
(10) | achieve the framers goals. These scholars have |
| contended that from 1794 to roughly 1830, American |
| inventors were unable to enforce property rights |
| because judges were antipatent and routinely |
| invalidated patents for arbitrary reasons. This |
(15) | argument is based partly on examination of court |
| decisions in cases where patent holders (patentees) |
| brought suit alleging infringement of their patent |
| rights. In the 1820s, for instance, 75 percent |
| of verdicts were decided against the patentee. |
(20) | The proportion of verdicts for the patentee began to |
| increase in the 1830s, suggesting to these scholars |
| that judicial attitudes toward patent rights began |
| shifting then. |
| Not all patent disputes in the early nineteenth |
(25) | century were litigated, however, and litigated |
| cases were not drawn randomly from the |
| population of disputes. Therefore the rate of |
| verdicts in favor of patentees cannot be used |
| by itself to gauge changes in judicial attitudes |
(30) | or enforceability of patent rights. If early judicial |
| decisions were prejudiced against patentees, one |
| might expect that subsequent courts—allegedly |
| more supportive of patent rights—would reject |
| the former legal precedents. But pre-1830 |
(35) | cases have been cited as frequently as later |
| decisions, and they continue to be cited today, |
| suggesting that the early decisions, many of |
| which clearly declared that patent rights were |
| a just recompense for inventive ingenuity, |
(40) | provided a lasting foundation for patent law. |
| The proportion of judicial decisions in favor of |
| patentees began to increase during the 1830s |
| because of a change in the underlying population |
| of cases brought to trial. This change was partly |
(45) | due to an 1836 revision to the patent system: |
| an examination procedure, still in use today, was |
| instituted in which each application is scrutinized |
| for its adherence to patent law. Previously, |
| patents were automatically granted upon payment |
(50) | of a $30 fee. |