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Entered according to the Act of Congress, in the year 1836,

BY WILLARD PHILLIPS.

in the Clerk's Office of the District Court of the District of Massachusetts.

FREEMAN AND BOLLES, PRINTERS.

PREFACE.

THE subject of Patent Rights has become of great importance in the United States, on account of the number of persons interested in them, their influence on the progress of the useful arts, and the numerous judicial decisions relating to them. The exclusive privilege granted to inventors, by the act of 21 James I., c. 3, has, until within a few years past, been regarded with jealousy in English jurisprudence, as being a surviving branch of monopolies, all of which, excepting those for new manufactures, were suppressed by that act. Patents have, however, been recently regarded with greater indulgence, by the English courts. In the United States they have always been fairly sustained, and patentees have been regarded with favor, as pioneers in the advancement of the productiveness of the national industry; and much light has been shed upon this branch of law by the elaborate opinions given by the most eminent judges in the national courts, particularly the late Chief Justice Marshall, and the other judges in the Supreme Court, and by Mr. Justice Washington in the Circuit Court for Pennsylvania, and Mr. Justice Livingston and Mr. Justice Thompson in that for New York. But it is no injustice to the other eminent jurists of the country to say, that this department of law has been more especially indebted to the learning and talents of Mr. Justice Story, the records of whose indefatigable research and luminous expositions, will be found in many parts of this volume.

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