The Columbian. [volume] (Bloomsburg, Pa.) 1866-1910, 1890-06-20
PROPOSED AMENDMENTS TO TIE
PATENT LAWS

| introduced In congress Tor the amend
ment of the patent laws, one of which
| H. r. 9953) we will now briefly re-
view.
The fret section is TO the effect that
patents may be issued and will be
valid, provided the invention is new
and has not been patented or described
in any printed publication before the
invention or discovery thereof by the
applicant.
| The second section provides that no
patent shall be issued for an invention
already patented in foreign country,
unless the patent shall be applied for
within two years from the date of the
earliest foreign patent.
As the law now stands, an Ameri-
can patent may be granted at any
time during the term Of the foreign
patent, provided the invention has not
been in use for more than two years.
The second action also provides that
the American patent issued as above
shall run for IL years from the date of
the earliest foreign patent.
Under the present law the American
| patent expires when the earliest for
eign patent expires. This is a good
amendment and should be adopted.
The third section provides that an in
ventor, after describing his invention
in the specification, may use such Ian
guage in stating his claims as he pre-
| fers.
We do not exactly perceive the OBJ
ject or value of this amendment. As
the law now stands, the inventor may
use such language as he prefers in pre-
senting his claims. 1t is true, the ex-
amlning officer, in many cases, objects
to the wording OF claims, and inven-
tors are subjected to long delays in an
swering and overcoming these objec-
tions. If the object of TIE amend
ment is to compel the examiners to al
low patents upon whatever the inven-
tor chooses to present, the amendment
| should state 80 explicitly.
Such an amendment, t, if carried into
effect, would make sweeping change
in the present practice of the office. 1t
| would render unnecessary the present
cumbersome system of official exami-
nations. 1t would give to every appli-
cant patent, and leave to the courts
the settlement of the question whether
the patent was valid or wo th!ess. This
is the way they deal with patents
in nearly all other countries, and the
plan works well.
1t makes the inventor his own ex-
aminer, and if he chooses to take
patent for an old device, it is his own
affair. 1t is the opinion of many that
this is the best method, aud sooner or
later it must be adopted in our Patent
Office.
Section provides that all assign
ments, licenses, and conveyances of
patents shall be void against any sub
sequent mortgage or purchaser, unless
recorded within three months from
date.
BY this provision bona tide pur-
chaser and actual possessor of patent
may be deprived Of his property with.
out compensation.
To accomplish this it is only neces
sary for the former owner to give a
second deed to another party aud place
it on record, the first deed, perhaps
through ignorance of the holder, over
sight, or trick played rpon him, h"v.
ing been kept away flo.L record for
three months.
| This section needs amendment 80 as
to prevent injustice to the first bona
tide purchaser.
SecGion provides that aliens, resi-
dent here year and having declared
intentions of citizenship, may file cav
eats. At present two years. residence
is required.
| Section 7 provides that when an ap
plieation is made for a patent for an
Invention already patented, the Patent
Office may, by the assent of both part
les, decide the qaestion of priority and
grant patent to the new applicant il
he proves priority.
If the assent of both parties is no,
given, the Patent Office may take ca
parte testimony from the applicant
and give him patent if he proves g
date of invention earlier than the datt
of the filling of the application of the
first patentee. A similar provision sp
plies to rejected case and com ,etine
applications. Whoever proves by ca
Iparte testimony that his invention was
made before the date of the filing o
the application cited against him, is t,
receive a patent.
This section if adopted would pu
an end to vast amount of litigation
now carried on before the Paten
Office, under the general designation
of interference proceedings; it woul,
turn over nearly all questions of prior
ity to the courts, where they properl
belong. and where, in fact, they no'
90 for final settlement.
s. Section provides for issuing cert
fed copies of patents at a charge o
= twenty-five cents extra for the certif
cation. Section 9 provides that i
suits no damages or profits shall be re
covered except for six years last pr,
ceeding the bringing of such suit. Thi
Y, will be help TO infringers.
Section 10 provides for the record
ing in the Patent Office of all injun,
tions relating to patent infringement
Section IL authorizes U. S. courI
., to pass the title to patent by deere
~ in the case of an insolvent or banl
i, ruptj such decree to be recorded in ii
ss Patent Office.
asS Section IL relates to infringement,
q of design patents, and makes verde
oo of infringement to be conclusive ev
% denee that the profits made by the d.
81 fendant we're due to the infringement
C. This seems unnecessarily severe an
needs revision.
Section Is provides for taxing pa
ents ten dollars at the end of fl,
years, aud Venty-five dollar at IL
end of ten years. If for any reaso
the tax is not paid, the patent cease
: One of the important differences b
tween our patent law and those of OF
er countries is that when a patent