The Case of Monopolies; Darcy v Allein: 1572

Origin of Patents Rights in the Crown

Darcy challenged the grant of an exclusive right to produce cards to the defendant.
Held: The grant of exclusive rights to produce any article was improper. However, where someone creates through his own actions and bring into trade a new and previously unknown engine, it is within the power of the king to grant hima monopoly patent for a reasonable time so that he may produce the item for the general benefit.

[1572] EngR 398, (1572-1616) 11 Co Rep 84, (1572) 77 ER 1260, (1602) Noy 173, (1602) Moore KB 671, (1602) 1 Web Pat Cas 1, (1602) 74 ER 1131
England and Wales

Intellectual Property, Commercial, Constitutional

Leading Case

Updated: 01 November 2021; Ref: scu.432364