so what do you think about this ancient concept?
Let’s say in the case of a land patent, if the U.S. grants a land patent to Mr. A for 25 years; Mr. A dies after 12 years, leaving everything to Ms. B; should that violate the land patent? (don’t worry about the laws, but what do you think?)
and to transition into intellectual patents…
In 1845, this is what the court said on how to construe a patent right:
a patent for an invention is a grant from the Government, and should be construed, as we suppose, like all other grants, fairly and liberally for the accomplishment of the objects designed by it, and not otherwise. Rights, the result of intellectual labor, are no doubt sacred; but we believe them no more sacred than those which are the result of more humble toil, and that the same liberality of interpretation should be extended to the title-deeds of both. that those rules of construction which are applied to patents for lands should be applied to patents for inventions. that the latter should no more be stretched beyond the fair import of their terms when the interest of patentees would be promoted by their extension, or contracted in like degree when their interest would be promoted by their restriction, than should any other deeds or contracts.
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