The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1895-03-07

foreign patent first, your invention shall
i be free to the American people whenever,
| nv reason of the expiration OF the foreign
natent. il becomes free to people abroad;
| Inf in no case shall the term or the Amerl-
can patent exceed II years.
"This we deem to be sound interpre-
totion of the statute, giving to the words
used the meaning required by thelr ordl-
nary Specification. In our judgment the
Language used is so plain ana unamblg-
nous that refusal TO recognize ltS nat
ural obvious meaning would justly pc re-
garded as indicating purpose 10 cnange
| the law by judicial action DaseG upon
some supposed policy of congress-
The decision further says:
"It is also said that the United States
promised the inventor, when making ms
anplication, to give him patent Tor the
! full term of II years from the date OF MS
natent, if, upon examination, 1t was Iounu
that he was entitled to one at the tline
of such application; and consequently q
curtoilment of that term by reason OF
something occurring after the filing OF the
onnlication and for which he may not De
rasnonsible is not consistent with good
faith upon the part of the government.
az course, this court would hesitate TO ac-
cent any construction of an act OF con-
gress that would imply bad talth upon
the part of any branch of the govern
ment, but the contention just referred ~
assumes the very matter IN dispute. 1t
assumes that the promise to the lnven,
for was not accompanied by any condlti0h
authorizing the government to limit the
term of its patent to some period less
than II wears from its date. If the prom
Use 70 issue a patent is made with the
reservation in the promise that the pat
emf when issued, should be limited win
any foreign patent previously issued tor
the same invention, then there is no
grounds for the suggestion that the en-
forcpment of that condition violates any
promise made to the inventor"
After disproving of numerous inclden-
tai points of the plaintiff, the decision pro-
ceeds: H.. A.,
"a good deal can be said about the
intention of congress as manifested Dy lls
to deal literally with lnven-
tors, and especially those who We're cru
zens of the United States. This is true
but if is for congress to prescribe the con-
ditions upon which it will give to inventors
the exclusive right to inventions. What
NAV be due to inventors is matter about
which there may well exist differences OF
opinion. 1t is the province of the legls-
ative branch of the government to say
when q patent to an inventor shall eX-
Dire, and therefore when the public may
enjoy without charge the benefit of the
invention"
1--WE can very well understand how the
existing statute may, in some clrcum"
stances, operate injuriously to an Amerl-
can inventor, who in addition to the eX-
elusive rights granted to him in this
for the term of II years, wishes
TO secure a monopoly for his invention be-
fore obtaining one here, the American pat
ant is limited by law, whether it is so
expressed or not in the patent itself, to
expire with the foreign patent having the
shortest term. This is the case as it APP
pears from the standpoint of the patentee
regard to the interests of the
American public.
"We do not say whether these consid-
erations were or not sufficient to in
1uce the changes made by the 18th sec
ton of the act of 1870 and by existing
statutes. They are referred to as show
ing what congress may have had in view
when it provided as it did that an inven-
ton covered by foreign patent which the
inventor obtained or caused to be OBJ
tanned before receiving an American pat
emit should be free to the American pub
lie as soon as it became free by the
expiration of its time. If this principle
operates harshly upon inventors in GER
tain cases it is for congress, whose dis
cretion is not subject to judicial con-
troll, to make provision for those cases. if
it be possible to do so without such in
Jury to the people of our country as ought
not to be inflicted upon them.
"The rules prescribed by the 10Th Sec
lion of the act of 1870 having been re-
Produced in section 1887 of the Revised
Statutes and the latter section never hav-
ng amended we ought not after the
apse of nearly 20 years from the pas
age of the act of 1870, place upon its
10Th section, or upon section 1887 of the
Revised Statutes, which took its place,
my Interpretation other than that which
he ordinary natural meaning Of their
words impart.
sour answers, therefore, to the ques-
ions certified, are that the invention for
United States Patentee Bate was issued
lnder the facts stated, previously pat |
,nted in foreign country within the !
meaning of these words of section 1887 |
# the Revised Statutes, and that the |
United States patent has expired under |
he terms of that section before the eX-
'iration of II years from its date.
Let it be so certified to in the cir,
.uit court of appeals"