St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1895-03-05
BATTLE OF GIANTS.

| eign patents. The decision is against
the electric and other patents in
/ Volved in the decision Of this suit.
/ The case involves the construc-
tons of section 1887 of the Revised
T Statutes, which provides that every
/ patent granted for an invention
/ which has been previously patented
in a foreign country shall be so
limited as to expire at the same time
as the foreign patent, or if there be
| more than one, at the same time
with the one having the shortest
| term, and in no case shall it be in
force more than seventeen years."
| Among the patents affected are
|, three issued to the Western Union
Telegraph company on application
| filed by Thomas A. Edison as fol-
| lows: Patent 474,23O, application
filed April q, 1877; No. 474, 231 and
474,232, application filed July q, 1877.
On March T. 1898, patent 492, 7S9 was
| issued to the same party on an
| application filed by the same party
on Sept. 5, 1877. These inventions
became the property of the American
ioCil CiSpllOIlc ny the l6l6-
| phone consolidated contract Nov. /,
! 1879. These Edison patents are
| claimed to be fundamental, and they.
| with the Berliner patent now in liti-
cation and which remained in the
! patent office from 1877 to November,
| 1891, expire at the date of the eX-
| piration Of the foreign patents. The
| inVantinnc c-;,o
| 1878. The Edison inventions were
patented abroad in England, France
| and Canada in 1877; in Belgium,
| Austro-Hungary, Italy, Germany and
Spain in 1878, and in Prussia in
1882. They are free in foreign coun-
tries, and under the construction
| now given of section 1887 are made
| free in this country.
Substantially the decision will af-
feet in the same way the quadruplex
| telegraph patents, which were ap-
piled for in October, 1874, and issued
| Dec. Is, 1856. The incandescent lamp
patents, filed by the General Electric
company, are also included in those
which will be affected by the decis-
ion. There was no discussion of
opinion.
THE DECISION
| at first reviews the patent laws
since the foundation of the govern
ment, traversing with minuteness
provisions as to the foreign and do
nestle patents. 1t sums up the laws
thus:
From this history of the several
acts of congress relating to patents
| for inventions it appears:
| 81. That in all the above acts
congress had in mind the date of an
| application for patent, the date of
f filing of specifications and the date
| of the patent.
'2. That under the act of 1886 a
| patent could not be granted if it ap-
| peared that the applicant was not
F the original and first inventor or
| discoverer, or that any part of that
! which was claimed as new had be-
/ fore been invented or discovered or
L patented or described in any for
!. eign publication, its use in this or
/ any foreign country; yet an original
| prived of a patent for his invention
by reason Of his having previously
T taken out letters patent therefor in
| a foreign country and the same hav-
ing been published at any time
within six months next preceding
the fling of his specifications and
drawings
"3. That under the act of 1889 an
inventor whose invention had not
been introduced into public and COM
mon use in the United States prior
to the application for a patent should
not be debarred from receiving a
patent by reason of his invention
| having been patented in foreign
country more than six months prior
| to his application
"a. That, under the act of 1870,
| any inventor whose invention had
| not been introduced into public use
| in the United States for more than
| two years prior to the application
! should not be debarred from receiv-
| ing patent by reason of it's having
| been first patented or caused to be
| patented in a foreign country-theSe
words not being qualified as in the
act of 1889 by any reference to the
| date of the application.
IS. That when an American pat
| ent was granted in conformity with
| the sixth section of the act of 1888
| for an invention patented in a for
| e1gn country more than six months
prior to his application it expired,
| In every case, at the end of fourteen
| years from the date of publication of
such foreign letter patent; and when,
| In conformity with the twenty-ffth
section of the act of 1870, a patent
was granted for an invention first
patented or caused to be patented
In a foreign country it expired at
the same time with the foreign pat
ent, or, if there be more than one. at
the same time with the one having
| the shorter term
u. That, under the Revised Sta
III e'. while a paint for an inyen.
ton could not be withheld nor
deemed invalid by reason of its hav-
ing been first patented or caused to.
| De patented in a foreign country, I'M
/ less the same has been introduced in
J. TO public use in the United States
more than two years prior to the ap-
b phcation,' Yer, every patent granted
lor an Invention previously patented
| In foreign country shall be SO linn
lted as TO expire at the same time
with those having the shortest term
IN no case to remain in force
longer than seventeen years.
/ Ihe deci. on then takes up the Ie-
| gaI coate.- ion OF the plaintiff that
when the same invention is patented
both in this country and abroad
the American
PATENT REMAINS IN FORCE
lsfor seventeen years from it's date if the
foreign patent was issued after the
oI,I, I'll,