The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-01-03
TuE AUSTRIAN PATENT LAWS AND TINE
VIENNA ExPOSITION.


In your issue Of the ESD OF November md two
letters In reply 20 NINE OF the GOTH the subject
of the Vienna Exposition and the want OF protec-
ton 70 exhibit0rs-0ne from Mr.. Havemeyer,
Consul General nom Austria, and ono from Mr..
Thomas B. Van Buren,, United States Commis-
soner. Tho letter OF the Consul General bears
strong resemblance 10 the letter of Baron SOhwarz-
Sanborn, Director General OF the Vienna EXPOSE
ton. published in the american Register ct Paris
September. The Consul General says truly that
tho law OF Austro- Hungary requires the patentee
to put in operation his invention. discovery, &C.,
within one year nom the date OF his patent;
but he adds, ''the act IL so mildly enforced by
the Patent once that no inventor or owner OF q
patent can have any reason to complain" This LIZ
simple berality on the part OF the Patent Once In
granting the one or two extra years OF time for
the working OF patent, but unfortunately there
Is NO authority In the Patent laws for such an ex
tension and 1t Is grave question whether
patent worked under such an extension Of time
without authority in the law, when contested by
aos g hs PfSne t. nave Ss add e
the law In one direction they certainly have in
another. The Consul General also says, ITO
preted in the most liberal spirit; proof Is deemed
sufficient even whom some samples only of the
5atented article have been made at an inland
manufactory.n This easy mode Of working and
false working has been resorted to In the past by
aaa patent agents nc ana the out o.
law; and patent contested BY determined in
ringer which had simply been tremendously
law for is was not really working in the spirit Of
tho law, and experience has shown 1t to he an i'm
whom there Is . native inflinger in the case.
The writer Of this letter has never known OF q
case proved 70 the satislac on Of the once where
the inventor has been foreigner, and 1t seems to
himself has been proving his case almost con-
presented incontestable PROOF that the ticle
Invented In Austris, has boon continually manu-
immense quantities (amounting to millions), and
Ia bis own factory ct Vienna, 1t IS not vet proved
to the sattsactien Of the Patent Onlce: After hay
sworn testimony Of. the workmen who were at
WORK on the goods, the writer was called in August
factured his goods exactly according to the draw
sings on his patent. Ne presented bis witnesses,
e S 70 To-
prove the point exactly as required the Patent
Ofnoe would not appoint day OF hearing and his
tssyjng. but has failed up to this time to get any
THe Consul General says 1t is mos necessary to
take patent for moro than two years, for in that
time the inventor win surely be able, his DIS
st"sT on who ~ viii %n
srtoies L is very rare tSats rafshssa arteis 81
invention Ii brought before the world and intro
duoed SO as TO create . business or an important
invention in less than i've years, and as TO finding
a purchaser for an invention under the present
ruling OF the Austrian Patent laws it is q praci-
cal imp0ssiblity, for no Austrian who knows and
understands the rulings OF the law considers it OF
the least value. He also speaks OF the proposed
Austrian law, and evidently is sincere In suppos-
Ing It to be valuable provision under the old law
Exposition. He probably was not aware OF the
worthlessness Of the old law err in other words, Of
the snns; INK Rgs;S Ssd H9 20 H. ~ Y
II must be admitted that the laws OF Austria are
superior 60 those Of other Continental countries:
hs % y q the 10
not valid patent on the Continent nor one on
(which foreign inventor, in case Of infringement,
can get decision III his favor.
. There Is no provision under the Austrian Patent
law whereby q suit can be terminated. The In
ent Siics alter the case is completed, and he finds
he ia to he beaten has only to assert that the in
ventor has not properly proved MS working The
Suit Is then reOpened and the same ground again
60Y6 over This can be done during the entire life
81 the paventee II the Office will grant the petition Of
Times already and It Is now making another trip
I am informed from reliable authority that there
never has been single case decided IN favor OF
to native patentees, no matter how valuable the
invention has been to the infringer. patent has,
high In authority advocate aDolishng the patent
law altogether. AS for the proposed Exposition
certificates, they are simply auxiliary to the old
a :am s.' 0'A t'' ~ D'''' p''''''''' '''' "
4 Mr.. Van Buren,, In his letter, says have met
with vexatfons and difficulties which have sorely
tried my temper and aroused all my belligerent
American qualities, and that have made up my
mind to break up the exhibition, and that my
contribution to various journals II New York and
abroad breathe vengeance. He Is very much In
error when ne accuses me OF desiring to inlure the
either the Exposition or It's managers and pro-
mOters. No one can have higher opinion OF such
tisplays OF the products OF the worlds industry
and genius than myself; nor, ifproper protection
were afforded, would any inventor more gladly
avail himself q svch an known
only demand that honest aud conndng invent
ors shall be honestly and fairly protected; sG asn
present rulings OF the Austrian Patent ONCE no
foreign inventor can avail himself Of the privileges
OF the Exposition without danger OF sacrificing MS
invention to whatever native manufacturer
3 chooses to infringe his patent. am not willing
me. inventors must look TO promoting their
business interests II these are not secured can
they anord 70 exhibit SO far rom my letters on
simple, unvarnisncd statements OF the rulings OF
the Austrian government against me, aud they are
lilo against evils such as 1 have approximations
OF my invention and destruction OF my business.
the establishment of which, with my experiments,
cost me over one hundred thousand dohsrs.
Mr. Van Buren, says he has mas been a. work icr
months 'a ne Ss sSa ord
adequate protection 70 inventors. This Of itsei
c0rroborates what ! have stated, and shows ths
nT cCrrsct the rulings under their laws and put
stop TO the present Wholesale mode OF steahns
'inyentions. There 10 NO question about the sin
cerity and good intentions Of the Director Genera
have no doubt that he will do all In his power e
protect our Inventors but that 10 beyond his reacl
without q treaty or law to sustain MN. Our ex
hibitors must not place any dependence upon I'M
". Austrian or any OF the European government
DOING them justice after the Exposition is closed
or alter the exhibitors and Their goods ave acre
y f they are to be protected 1t must be before u.
Exposition, and that protection must De nositWeE
defined. Il. y. H0UhkiSS.