Inventors lacking assurance of a market, or even the right to practice patented inventions, face considerable risk. Those who qualify for patents, in return for disclosure, receive only the assistance of the courts in excluding others from economic exploitation of their inventions. Already subject to many legislative and judicial limitations, patents should not be further subject to the functional equivalent of private inverse condemnation without congressional action.
Field, Thomas G. Jr; Hennessey, William O.; Jepson, Craig S.; and Jorda, Karl F., "Brief of Law Professors as Amicus Curiae in Support of Respondent" (2003). Law Faculty Scholarship. 393.