Legislative Changes and the Inventor

Abstract

Even though the United States patent system has unquestionably encouraged the highest degree of technological development ever achieved in the history of man, there are many who feel that the present legal structure has basic shortcomings which lead to the unfair treatment of the inventor and the public. It is not surprising that any body of laws which has been little changed over a long period of time would begin to show need for updating. It can also be seen that a duality of purpose will arise from any legislation which seeks to encourage one group of citizens; those not in the favored group will press for and obtain laws which equalize the privileges created for the others. The government is thus caught in the situation of a parent who must not show favoritism to any one of many children. The ambivalence of the government’s position in regard to the patent law structure comes about from the concept of the monopoly afforded by a patent grant, on the one hand, and the body of laws which forbid monopolistic practices, on the other. An operating zone must be defined which allows the inventor (or the corporation which manufacturers his development) to work in an area of restricted competition, yet does not unfairly restrict trade.