The Thompson decision was released on January 1, 1826 and penned by Judge Van Ness who died later that year. Van Ness was perhaps most famous for being Aaron Burr’s second at Burr’s duel with Alexander Hamilton, but this opinion shows further sign of his character. Van Ness argues that the U.S. patent system at the time was being overrun by large numbers of trivial inventions. Although it required invention in name, it was really just becoming a replacement to monopolies barred by the Statute of Monopolies (1624).
Van Ness further explains that the plethora of low quality patents harms the genuine inventors, because all patents are suspect.
It is unnecessary to look farther than to see the fate of Whitney, Evans, and above all, Fulton, or those who represent him. Instead of deriving peace, honour, and affluence from their incessant labour and incomparable skill, they have sunk under vexation and the pressure of litigation. Patent upon patent and privilege upon privilege have been granted, infringing the original rights, until their hopes and anticipated rewards were converted into despair and poverty. In the degrading conflict, even the laurels they had fairly won withered amidst the wreck of their fame and their fortunes.
Id. Van Ness called for a rigorous examination system and, once examined, patents should then be deemed secured:
They should only be granted, as I conceive, upon due examination into the merits of the application, and then the rights granted should be well secured, and well protected.
Id.
