Friday, July 18, 2008
Paper Bag patent case
By Clint Fabiosa & Andrew Ong
I protect
EASTERN Paper Bag Co., in 1908, invented and applied for a patent for a “self-opening” paper bag. However, they did not use the invention. Its main competitor, Continental Paper Bag Co., upon knowing about it, began manufacturing the “self-opening” paper bags.
Thereafter, Eastern Paper Bag brought an action to prevent its competitor Continental Paper Bag from using its patent for a “self-opening” paper bag.
Continental Paper Bag alleged that Eastern Paper Bag was not using its patent but simply trying to suppress competition. The Supreme Court rejected this argument by Continental Paper Bag, holding that it was the essence of the patent to exclude others without question of motive.
A patent is not a right to practice or use the invention. Rather, a patent provides the right to exclude others from making, using, selling, offering for sale, or importing the patented invention for the term of the patent, which is usually 20 years from the filing date.
A patent is, in effect, a limited property right that the government offers to inventors in exchange for their agreement to share the details of their inventions with the public. Like any other property right, it may be sold, licensed, mortgaged, assigned or transferred, given away, or simply abandoned. Continental Paper Bag Co. versus Eastern Paper Bag Co., [210 U.S. 405 (1908)]
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