A Treatise on the Law of Patents for Useful Inventions as Enacted and Administered in the United States of America (1873)

Originally published: Boston: Little, Brown and Co., 1873. xxxvii, 749 pp. Reprint of the fourth and final edition of one of the earliest American treatises on the subject. The Anglo-American tradition of granting patents has often been marked by confusion over their scope and intent. Reflecting, for example, on the fundamental question of whether patents create monopolies, juridical commentators and the bench had come down firmly both in favor and against the idea. Curtis argued that it did not according to the common law. Instead, a patent was a "grant by the government to the author of a new and useful invention, of the exclusive right, for a term of years, of practising that invention" (xxi).