Broderson v. Marzall

*143WASHINGTON, Circuit Judge

(dissenting) .

I regret the necessity of dissenting in this case. The right of an inventor to a patent was a subject of express constitutional concern, Article I, § 8, and has long been safeguarded by congressional legislation. In our own day, the obtaining of an important patent is one of the few remaining ways in which an individual can by intellectual and scientific endeavor obtain substantial monetary rewards. The encouragement of inventive activity is a function not only of the Patent Office hut of the courts; neither should be reluctant to recognize a real…