Friday, October 02, 2009

The influence of World War I on US patents

from the CAFC case ADVANCED SOFTWARE DESIGN CORPORATION :

Section §1498(a) was first enacted in 1910, and was subsequently broadened in
order to aid the government’s procurement efforts during World War I
. As the Court
explained in Richmond Screw Anchor Co. v. United States, 275 U.S. 331, 345 (1928):
“The intention and purpose of Congress in the act of 1918 was to stimulate contractors
to furnish what was needed for the war, without fear of becoming liable themselves for
infringements to inventors or the owners or assignees of patents.”

Reference:

28 U.S.C. §1498(a)1

See also, LBE, THE IMPACT OF WORLD WAR I ON PRESENT DAY PATENT ISSUES (Intellectual Property Today, Feb. 2005).

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