Bonito Boarts, Inc. v. Thunder Craft Boats, Inc., 489 U.S. 141 (1989) p.796

SUBJECT

federal preemption of state law

FACTS

Conflict between state and federal law.

RULE

State laws cannot offer patent like protection which is not provided by federal law.

HOLDING

The state regulation of intellectual property must yield to the extent that it clashes with the balance struck by Congress in our patent laws.

RATIONAL

The Florida law substantially restricts the public's ability to exploit an unpatented design in general circulation. It thus enters a field of regulation which the patent laws have reserved to Congress. By offering patent like protection for ideas deemed unprotected under the present federal scheme, the Florida statute is preempted by the supremecy clause and is therefore invalidated.

Created on: Thursday, November 11, 1999 at 20:05:28 (PST)