Gods and Monsters

ON APRIL FOOLS' DAY 1998, within hours of reading U.S. patent application No. 08/993,564, the Honorable Bruce Lehman did something no other commissioner of patents had done in the 200-year history of America's oldest government agency. He stepped before a cluster of microphones and announced that the patent would never be approved. No half-human "monsters" would be patented, Lehman declared angrily, or any other "immoral inventions."

Legal scholars -- accustomed to an office bound by statute to remain silent until patents are approved or rejected -- were shocked. Forgoing the traditional 18-month review period, Lehman had issued a marching order to his staff to reject a patent application they had barely read, rather as if a judge had instructed a jury that the defendant was guilty before the trial began. Furthermore, to support his decision, Lehman cited an 1817 court ruling that excluded inventions "injurious to the well-being, good policy, or good morals of society." But patent law had long since been amended to say that if an applicant could claim constructive use for a patent, he or she could...