Hugin, Adolph C.

English

The Catholic University of America Columbus School of Law

Catholic University Law Review Volume 3 Issue 1 January 1953 Article 8 1953 The Patent Right In The National Economy Of The United States. By Gustav Drews.* New York: Central Book Company, Inc. 1952. Pp. iv, 211. $5.00. Adolph C. Hugin Follow this and additional works at: https://scholarship.law.edu/lawreview Recommended Citation Adolph C. Hugin, The Patent Right In The National Economy Of The United States. By Gustav Drews.* New York: Central Book Company, Inc. 1952. Pp. iv, 211. $5.00., 3 Cath. U. L. Rev. 59 (1953). Available at: https://scholarship.law.edu/lawreview/vol3/iss1/8 This Book Review is brought to you for free and open access by CUA Law Scholarship Repository. It has been accepted for inclusion in Catholic University Law Review by an authorized editor of CUA Law Scholarship Repository. For more information, please contact edinger@law.edu. BOOK REVIEWThe Patent Right In The National Economy Of The United States. ByGustav Drews.* New York: Central Book Company, Inc. 1952. Pp. iv, 211.$5.00.This book presents the position of our patent system in our free enterprisetype of economy. It is not a book written solely for patent attorneys, and noteven only for lawyers or economists, but gives a general presentation of the rights ofpatentees, the benefits enuring to the public, and the conflicting theories andnotions concerning patents for inventions.The author first explains away many common misunderstandings about patentsand confusions which exist regarding patents, copyrights, and trade-marks. Heexplains the procedure which is followed in obtaining a patent for an inventionand points out the different rights granted in this and other countries. A com-parison is given of the duties or obligations of a patentee in different countriesfor preventing the forfeiture of a patent prior to its normal term. The possibilityof invalidating patents in various countries is discussed, and the advantages anddisadvantages of the defense of invalidity as a proper defense for an infringementof a patent are considered. These points are discussed from the overall aspectsof the problems, with the legal and economic reasons for the different rules indifferent countries and the possible effects of the rules upon the benefits to thepublic, as well as to promoters of patented inventions.The author does not give a truly unbiased view on certain aspects of patents,their historical development, and their place in our economy. An example of thisis his statement "these three characteristics identify not only the patent right asit exists today in the United States, but also as it existed when it was created in1623 in the Statute of Monopolies in England." (emphasis added) This latterstatement has been reiterated so often that, in spite of incontestable proof of itsinaccuracy,' certain writers persist in its publication. An attempt is made togive both sides of controversial aspects of patents in our economy, but, moreoften than not, the usual patent profession view is overemphasized and the moreunbiased views of trade regulation experts, such as S. Chesterfield Oppenhie m2or Milton Handler,8 are omitted. At times, the text almost departs from aninformative exposition to propaganda. Most of the points of controversy whichare discussed have been resolved by the new Patent Act of 1952, and consequentlythe emphasis given them in this book, at this time, seems rather useless. Agood example of this type of controversy is the "flash of genius" test foxpatentable inventions, first expounded by Mr. Justice Jackson in 1941,4 as com-pared to the rule that the "law looks to the facts (result), and not to the processby which it is accomplished," expressed by Mr. Justice Story in 1825,' andlayman, as well as by general lawyers and economists. The chapters on the value*J.D., Ph.D., Professor of Patents, Antitrust and Unfair Trade Practices, Brooklyn LawSchool.I Outline of the History of the United States Patent Office, XVIII J.P.O.S. 20 (July1936); Stolfi, La Proprieta Intelletuale (1917) n. 3, 16-17; Hugin, Private InternationalTrade Regulatory Arrangements and the Antitrust Laws (1949) pp. 111-112.2 Professor of Law, Michigan University Law School.s Professor of Law, Columbia University Law School.4 Cuno Engineering Corp v. Automotive Services Corp., 314 U. S. 84 (1941).6 Earle v. Sawyer, 4 Mason 1 (U. S. C. C. Mass. 1825).of inventions, Chapters VII and VIII, are very easy-reading and informative.Chapter IX points out that most writers labor "under various misconceptions"followed for over a hundred years. The definitely not innocous "flash of genius"test now has been legislatively outlawed6 and emphasis of such points detractsfrom the up-to-dateness of the book. Repetition of such points, in differentparts of the text, serves to mark the book as one which would have been morepractical had it been published a few years ago.From the standpoint of general information, the many technical aspectsof patents is very well explained in language which could be understandable by aand that the author has made "an attempt" at impartiality. This seems to be apartial admission that the book is consciously not truly impartial, as it is not.Also it perpetuates some of the "misconceptions" which could have been pre-sented better by reference to certain other well-known authors in the field oftrade regulation. One of the most important and interesting features of the bookare the three appendixes giving comments of economists, effects of inventions onwar, and comparisions of various factors with patents in the United States from1836 to 1949.ADOLPH C. HUGIN** Visiting Professor of Law, Catholic University of America.6 Public Law 593 § 103, 82d Cong., 2d Sess.

The Patent Right In The National Economy Of The United States. By Gustav Drews.* New York: Central Book Company, Inc. 1952. Pp. iv, 211. $5.00.

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The Patent Right In The National Economy Of The United States. By Gustav Drews.* New York: Central Book Company, Inc. 1952. Pp. iv, 211. $5.00.

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