Brenner v. Manson

Brenner v. Manson
Supreme Court of the United States
Argued November 17, 1965
Decided March 21, 1966
Full case nameBrenner, Commissioner of Patents v. Manson
Citations383 U.S. 519 (more)
86 S. Ct. 1033; 16 L. Ed. 2d 69; 1966 U.S. LEXIS 2907; 148 U.S.P.Q. (BNA) 689
Case history
PriorIn re Manson, 333 F.2d 234 (C.C.P.A. 1964); cert. granted, 380 U.S. 971 (1965).
Court membership
Chief Justice
Earl Warren
Associate Justices
Hugo Black · William O. Douglas
Tom C. Clark · John M. Harlan II
William J. Brennan Jr. · Potter Stewart
Byron White · Abe Fortas
Case opinions
MajorityFortas, joined by Warren, Black, Clark, Brennan, Stewart, White
DissentHarlan, joined by Douglas
Laws applied
35 U.S.C. § 101

Brenner v. Manson, 383 U.S. 519 (1966), was a decision of the United States Supreme Court in which the Court held that a novel process for making a known steroid did not satisfy the utility requirement, because the patent applicants did not show that the steroid served any practical function.[1] The Court ruled that "a process patent in the chemical field, which has not been developed and pointed to the degree of specific utility, creates a monopoly of knowledge which should be granted only if clearly commanded by the statute."[2] Practical or specific utility, so that a "specific benefit exists in currently available form" is thus the requirement for a claimed invention to qualify for a patent.[3]

The case is known for the statement "a patent is not a hunting license."[4]

  1. ^ Brenner v. Manson, 383 U.S. 519 (1966).
  2. ^ 383 U.S. at 534.
  3. ^ 383 U.S. at 534-35.
  4. ^ 383 U.S. at 536. What Justice Fortas meant by this quip was that patents should not be granted so that the patentee could look for (hunt) a utility after gaining possession of a patent monopoly.