Tuesday, February 12, 2008

Speculative Schemers, a.k.a. Patent Trolls

"The design of the patent laws is to regard those who make some substantial discovery or invention, which adds to our knowledge and make a step in advance in the useful arts. Such inventors are worthy of all favor. It was never the object of those laws to grant a monopoly for every trifling device, every shadow of a shade of an idea, which would naturally and spontaneously occur to any skilled mechanic or operator in the ordinary progress of manufactures. Such an indiscriminate creation of exclusive privileges tends rather to obstruct than to stimulate invention. It creates a class of speculative schemers who make it their business to watch the advancing wave of improvement, and gather its foam in the form of patented monopolies, which enable them to lay a heavy tax upon the industry of the courtry, without contributing anything to the real advancement of the arts. It embarrasses the honest pursuit of business with fears and apprehensions of concealed liens and unknown liabilities to lawsuits and vexatious accountings for profits made in good faith."

Opinion of the Supreme Court of the United States
Atlantic Works v. Brady, 107 U.S. 192 at 200, 1883