Abstract
BRITISH justice is a pearl of great price. More specifically it may be stated that in the case of patent actions in the High Court its price ranges from £600 to £1000 a day, and that such actions may last for a number of weeks. Dr. Levinstein has performed a public service in giving prominence, in his recent address to the Bristol section of the Society of Chemical Industry, to this costliness, which is a fundamental defect in the British patent system. Owing to the high cost of patent litigation, to which he referred in language warmed by bitter experience, the consideration for which patent rights may be enjoyed is nowadays not so much the introduction of a new invention as the possession of exceptional wealth. A genuine inventor cannot, unless he be supported by very large financial resources, prevent his invention from being freely copied: for his only remedy lies in an action for infringement, and this might cost him a fortune, even if he succeeded in winning it. On the other hand, a bogus invention, embodied in an invalid patent, can be used to hamper manufacturers or to extract royalties in a manner which is scarcely distinguishable from blackmail. “Thousands of unjustified monopolies are being legally granted,” says Dr. Levinstein, “and sometimes the holders threaten the very existence of those invading their privilege.”
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The Grant of Invalid Patents. Nature 124, 713–715 (1929). https://doi.org/10.1038/124713a0
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DOI: https://doi.org/10.1038/124713a0
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