New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1889-08-18


Governments are not all agreed a. to what sha.
recarded as constituting WORKING; some OF them
are satisfied the article patented Is introduced
and sold in Others II is required 10 be actually pro
duced in tho country. Great Bnia.n alone OF all
the European countries imposes conditions of this
character.
The term Of patent in Europe begins ordinarily
with the day which the application IS deposited.
In Germany IT from The next day, IN Great
Britain from the date of deposit of the provisional
specification. In Italy, Austria Hungary Russia and
Portugal rights regards third parties begin from
the date of the deposit but the term Of the patent
runs from the date OF the grant France imposes
on the pateDtee another restriction unknown else
where, that the introduction from abroad by the
patentee of articles similar those protected by the
patent shall subject It to forfeiture Without further
notice of the various systems IS evident that they have
strong family likeness, and that while patents may
be secured with comparatively little difficulty and al
moderate expense with less difficulty account Of
the general absence Of examinations 10 NOVELTY
there are burdensome and vexatious conditions con-
santly arising under which they may be nvaidaod.
These conditions bear particularly hard upon aliens,
and those which have been pointed out Will show the
nature Of the work the conference had before il.
In this country mono Of these veXatiOus conditions
exist. All persons, ctzen or allen, stand in the
United States Patent Office exactly the same foot
ing the patent is granted to the person claiming to
be Inc nl>t inventor that allegation being supporter
by his oath and confronted by the results Of most
rigid examination into novelty The sole condition
Of the grant IS that at the expiration Of the patent
tho invention shall become public property There
are no taxes The fees paid never regarded ~
of revenue, but the reasonable COM
bcnsation for service actually rendered by the Patent
Office There is Obligation 10 work hr invention.
ard no restriction upon Introducing the patented
art Cle from other countries where II IS actured.
ms % iu-
veutor His patent Is simply contract entered into
between him and the Government whereby, in consd-
Grafton of protection granted him for limited period,
he engages 10 give the public the fun benefit Of
at the expiration OF the term. There IS nor single
harassng condition or burden Of tax annexed to this
contract.
An expert who has given a good deal OF at'cn-
ton Of International relations respecting patents and
trademarks. recently asked regarding the prao-
cal value OF the international convention that sub
jcct ratified by the President two years ago. Tie
said that 50 far be discovered IT f., absolute
dead letter 1t gives 10 citizens Of other nations
privileges I'm this country that they DO not already
possess greater degree by operation Of statutes,
and the privileges il intends TO give 10 Americans who
seek protection abroad for their inventions pracd
cally nulfcd 10y the condition Of tho convention IL
self
what conditions do you refer tor asked.
"To understand these, must understand the
object Of The convention. II an honest attempt
10 do what the patent laws of European countries
signally fail in done-to secure the benefit Of the
patent 10 the actual inventor. Where no oath or
other evidence is required from tho applicant that
he Is or thinks he IS the inventor Of that for
which he seeks patent the door is open 70 all sorts
Of fraud by persons vino by any means obtain
knowledge of tho inventions Of others. When an
application for patent is fled in Germany, and The
invention disclosed TO the public by publication a.
cording 10 the German law. any smart fellow run
over into Austria OF Great Britain and file deScr ton
Of it, and get the patent granted to himself. Tie
true inventor might do tho thing, but he must
be first in the field since the patent would be granted
10 the prior applicant. 10 overcome this difficulty,
some nations had agreements by which if the true
inventor after filing his application in his own
country, should within certain limited period present
his application in the other, he should have the
patent. whatever might have interviewed Apart from
such protection against third parties the inventor
secured another protection in countries where, as in
Austria. for instance. a publication of his invention
before application for patent would vitiae the patent
II he was within the allotted period such publication
was not to operate inurously. Tho object Of tie
international convention to extend such system
and under the conditions Of European patent law.
there is no doubt great good in it,
why, then. is Il not good for us''
"WeU you Sec under our law the prior publication
does not viate patent. or constitute bar to the
grant, unless occurring before the date az which the
applicant has made the invention: and his will not
be considered unless he that he believes hint
self 10 be the original and first Inventor So the foreign
inventor has not only six or seven months from the
date of his application a home n which he NAV file
valid application here but he has the whole life Of
his home patent If he chooses TO take it. Under the
terms Of our law. if the invention first patented
abroad Il will he limited n is term here. but during
IFS term it has the validity If no foreign patent
had been granted Our law as 1t stands certainly
gives the foreign inventor than the convention
proposes TO give him.
How does the convention affect American inventors
abroad?'
IF an American inventor files his application here,
and then within seven months from such fling shall
deposit an application for the same invcnton IN
anOth4- country Of the union, his patent W that com
try viii not be refused II other person, who
NAV have acquired knowledge Of tho invention has
obtained patent thcrc meanwhile. Unfortunately.
the majority Of United States patents IN general. and
valuable ones In particular do appear to be granted
within seven months from the daio OF application;
and so the American who attempts to avail himself
Of the convention the risk OF having the term OF
his patent at home abridged By Of prior for
egn patent for the same invention under Section 55z,
Revised Statutes, lie takes another ard sometimes a
more serious risk that Of having his Invention dlvuge
by publication in the foreign country while is SIN
kcpt secret In the United States Patent Office The
result is that the convention is quite disregaded by
our people who, If they want forgn patents manage
10 file their applications simultaneously with the grant
here and so avoid both these difficulties"
is there 10 way 10 make the convention of valuo
to American
Two ways have been proposed. Tie International
Bureau has suggested thar the convention might DE
interpreted so thai date Of application for patent
i'm the United states should be regarded thai
which the final fee is paid, say about three weeA-
prior TO the grant. That would really avoid the
difficulty IN most case but there some rather
serious objections 20 90 which cannot 60 into n)o-.
The other plan, which. undest and, the Patent ONCE
fay0l, is 10 amend ARIEL : OF the convention 80
that the period O. priority II + called shall un
from the publication OF the specification rather than
from tie deposit Of the application. That would he
Just I'm accordance with The original purpose of The
| convention, and wOull make it. ! imagine. valuable
10 American inventors. since they would then have
Ire. m-ufL- from lLa gLau- OF ua.c-l MLI..u