The Graver Tank Litigation in the Supreme Court

Abstract

The very generality of the patent statutes in American law places a heavy burden on the courts and the patent bar for the development of patent law and policy. It is particularly important that we examine periodically how well the courts have performed that function and how well the bar has supported that effort. This article will focus on an earlier era in patent law—in particular the process surrounding the second Graver Tank decision, in the 1949 Term of the Supreme Court—to see what lessons that experience may hold for present day.1