" the only patent that is valid is one which this Court has not been able to get its hands on."
Justice Jackson's note of despair reflects all too accurately the treatment patents have seemingly received in the hands of the courts since the "new trend" of recent years. It has become the legal fashion to characterize letters patent as something the Patent Office issues and the courts strike down. Statistical support for this conclusion can be readily assembled.
George E. Frost,
Patent Office Performance in Perspective,
Mich. L. Rev.
Available at: https://repository.law.umich.edu/mlr/vol54/iss5/2