FOREWORD THE patent system has been bent to purposes and has facilitated results never intended or expected by the framers of the Constitution and the patent statutes. Patents have been exploited in defeating the object of the anti-trust laws. They have been used as the basis of pools which restrain trade. Corporations, by acquiring practically all patents relating to their respective industries, have obtained monopolies. Patents have been used as a pretext for engaging in unfair methods of competition. The utilization of patents in this manner has led to the suppression of many. Various evils connected with the patent system, though not necessarily a part of it, have actually discouraged invention. Lastly, these abuses have been accompanied by a waste of human and material resources. The social and economic cost of our patent system-industrial monopolies, suppression of patents, discouragement of invention, and economic waste-constitute a tremendous liability in appraising its net utility. This cost constitutes the subject matter of seven chapters of this book. The last chapter is devoted to the remedies for the situation. A study of the economics of our patent system immediately raises controversial questions, to some of which no definite answers can be given. This statement applies particularly to the discussion of the causes of invention. It has seemed desirable in such instances to quote the opinions of economists, judges, inventors, patent lawyers, and others. In most cases an attempt has been made to criticize their opinions. |