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Monopoly 30-35 (1946)).  The Statute of Monopolies outlawed these “odious 
monopolies” or favors of the Crown, but, contrary to the concurring opinion, the Statute 
had nothing whatever to do with narrowing or eliminating categories of inventive subject 
matter eligible for a British patent.  See Prager, Historical Background and Foundation 
of American Patent Law, 5 Am. J. Legal Hist. at 313 (“The statute [of Monopolies] said 
nothing about meritorious functions of patents, nothing about patent disclosures, and 
nothing about patent procedures; it was only directed against patent abuses.”). 
Patents for inventions had been granted by the Crown long before 1623.  See 
Hulme, The History of the Patent System Under the Prerogative and at Common Law, 
12 L.Q. Rev. at 143 (the first patent grant to the “introducer of a newly-invented 
process” was in 1440); Klitzke, Historical Background of the English Patent Law, 41 
J.P.O.S. at 626-27 (discussing first patents for “invention” in England in the fifteenth 
century).  That practice was unaffected by the terms of the Statute of Monopolies, which 
rendered “utterly void” all “Monopolies and all Commissions, Grants, Licenses, Charters 
and Letters Patent” that were directed to “the sole Buying, Selling, Making, Working or 
Using any Thing within this Realm,” 21 Jac. 1, c.3, §I (Eng.), but which specifically 
excepted Letters Patent for inventions from that exclusion, id. §VI.  The only new 
limitation on patents for invention was a fourteen-year limit on the term of exclusivity.  
See Klitzke, Historical Background of the English Patent Law, 41 J.P.O.S. at 649. 
The usage “Letters Patent” described one of the forms of document whereby the 
Crown granted various rights, whether the grant was for an odious monopoly that the 
Statute of Monopolies eliminated, or for rights to an invention new to England.  That 
usage was not changed by the Statute of Monopolies.  Nor were other aspects of the 
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