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Brief Amicus Curiae Of The Taxpayers Asset Project Of The Center For Study Of Responsive Law In Support Of Petitioners, Genetics Institute, Inc., Et. Al. V. Amgen Inc., 502 U.S. 856 (1991), Michael H. Davis
Law Faculty Briefs and Court Documents
Although a patent appears to be a private right, that private right is only "secondary," as this Court has stated, to the public bargain of which it is but a part. The focus must always be whether the public has received full information about the nature of the invention so that future inventors may reuse and improve it. The decision below reflects a failure to recognize the patent's monopoly nature and as a result abandons the "best mode" rule forbidding the inventor form concealing the best way of replicating the invention. By turning the subjective test of "best mode" into …