Lyon County times. [volume] (Silver City, Nev.) 1874-1907, 1877-10-06
ABUSES UNDER THE PATENT
LAWS.

vanceueDt in the mechanic and other
arts is promoted for the ultimate
benefit of the people. But the laws
need revision so as to prevent OPP
pressive monopolies of long continu-
ance. The patentee is protected for
fourteen years, and the patent may
be reissued for further term of
seven years by the Commissioner of
Patents upon certain showing, or by
act of Congress. Practically, patents
are made to cover a much longer
period. The usual course with a
new invention. after getting patent
on il, is to obtain subsequent patents
on improvements, or parts Intention
ally omitted at first, and others sug-
gested by practical use, at various
times during the period covered by
the first patent, thus adding many
years of monopoly. There is an
other way IN which the patent laws
are made oppressive upon the people.
In the hope of gain unprincipled
persons apply for patents on various
implements aud methods long In use
and wei! known in most places, but
if the examiners can find nothing of
the kind in the records OF the Patent
Office, and do not happen to have
personal knowledge of it, patent is
granted and the farmer, mechanic,
artist or tradesman is soon notified to
lay aside the implement or discard
the method hitherto in use for hun
dred years perhaps, or pay royalty
TO one who has not brain capacity to
invent anything except lie. The
laws should provide for the speedy
setting aside of all patents of this
character; no patent should, under
any circumstances. be reissued after
the expiration of the first term of
fourteen years, and all patents for
improvements should expire with
the original patent.
We find the following in an
Eastern exchange, which aptly illus
trates the matter under considera-
ton. The process of "high grind
ing" has been known and practiced
in the United States many years, and
it seems that the cause of all this
trouble to millers comes Of reissue
of some old patents:
"a recent decision of the United
States Supreme Court has aroused
the fears and indignation OF the
whole milling interest of the coun-
try. 1t appears that there are two
processes of grinding wheat in the
manufacture Of -four, styled, re-
spectively, high and low grinding.
The former method is regarded by
all prominent millers as absolutely
indispensable to successful milling,
and was introduced into this country
in 1850 from Europe, where it had
been in use for nearly half CEN
tury.
"Some shrewd spectators, in rum
maging through the archives of the
Patent Office at Washington, dis
covered the existence of an old
patent, which had never been used,
and quietly succeeded in obtaining
its reissuance, with specifications
which covered all machines now in
use tor high grinding in this cosn-
try. In furlherance of their project,
they then instituted a suit against u
straw man, who, Of course, made no
substantial defense, and finally they
obtained q decision in their favor
from the United States Supreme
Court. They now propose to grant
licenses to such millers as will recog-
nize the validity of their patent, and
to prosecute all who will not submit
to their exactions. Some idea of the
magnitude of their demands may be
obtained from the fact that, for a
license for each and every run of
stones $4,000 is required, and as
there are 5000 runs OF stone ia the
United States, these patentees would
receive the handsome sum Of $36,
100000. 1t is said that "a committee
OF the most prominent millers of the
country will petition Congress for
relief. We understand that suits
have been instituted against promi-
,nent millers in Brooklyn, Richmond
and Minnesota"
GOVERNOR PHELPS of Missouri has