Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1895-03-05

,ot..,. -, fs'ehc but Inc American
natent VIII be granted on the condi-
uon that IL you obtain the foreign nat
ght iifst your invention shall be free 10
wy american people whenever by rea
son ,or The expiration OF the foreign
patent u becomes free to people abroad:
put ~ no case shall the term of the
SN, ~, patent exceed II years.
I'm. ms we deem to be sound inter-
p.u.a.ion OF the statute giving to the
their ordinary. slgnificance In our
Judgment the language used ia so plain
anu ambiguous that 4 refusal to recog-
, ,il]e its natural obvious meaning would
pe justly regarded as indicating a pur-
pose TO change the law by judicial ae-
..uli based upon the supposed policy OF
The decision further says:
~ Is also said that the United States
promlsed the Inventor when making
ms application TO give him a patent
Tor the full term Of seventeen years
from the date OF his patent. II upon
examination 1t was found that he was
entitled to one at the time OF such APP
plicatloni and consequently curtail-
ment OF that term by reason OF some
thlng occurring after the fillng of the
application and for which he may not
be responsible is not consistent with
49, AfA'h tHNil Alt HdlA oI tue EONNffl-
meht, or course, this court would hest
tate TO accept any construction OF an
act OF congress that would imply bad
l ialth upon the part OF any branch OF
the government, but the contention Just
| referred 10 assumed the very matter
IN dispute. 1t assumed that the prom
Use to the inventor was not nc
companied by any condition authorlz-
Ing the government to limit the term of
I q l..
seventeen years from It's date II the
| promise to issue patent Is made with
the reservation in the promise that the
patent when issued should be limited
with any foreign patent previously
Issued for the same invention, then
there is 10 grounds for the suggestion
that the enforcement of that condition
| violates any promise made to the in
| ventor"
After disposlng of numerous inciden-
| tai points of the plaintiff the decision
| proceeds;
"a good deal cap be said about the
| intention Of congress ms manifested by
| Its legislation to deal literally with
inventors and especially those who We're
citizens of the United states. This is
true, but 1t Is for congress to prescribe
the conditions upon which 1t viii give
/ to inventors the exclusive right TO in
| NflAlNHas W Alhl may Ne illt ~ llNtil-
tors is n matter about which there may
well exist differences of opinion. 1t
is the province of the legislative branch
Of the government to say when patent
to an inventor shall expire and there
fore when the public may enjoy with
out change the benefit Of the inven-
ton coveted by II.
I'VE can very well understand how
the existing statute may IN some cir
10 ia HHa
American inventor, who In addition to
the exclusive rights granted to him
In this country for the term of seven
teen years Wishes to secure a mo-
nopoly for his invention before obtain
ing one here, the American patent is
limited by law. whether It IS so eX'
pressed or not in the patent Itself, tc
expire with the foreign patent havinf
the shortest term. This Is the case a,
1t appears from the standpoint of tn,
patentee without regard to the inter
ests of the American public.
I'VE do not say whether these con
alterations were or were not suliicien
TO induce the changes made by TIT
25th section OF the act OF 1870 and b,
existing statutes. They are referred e
as showing what congress may hav'
had in view when 1t provided as II die
that an invention covered by foreigi
patent which the inventor obtained o
caused to be obtained before rccelvinl
an American patent should be free {
the American public as soon us 1t be
came free by reason Of the expiratio
OF the foreign patent TO the people q
other countries. If this principle opei
ates harshly upon inventors In certa!
cases, 1t is for congress whose discre
ton IS not subject to judicial control, {
make provision for those cases, II 1t b
possible to do so without such injury t
the people OF our country as ought no
10 be Inflicted upon them.
The rules prescribed by the 25th sec
ction Of the act OF 1870. having been re
produced in section isS7 Of the revise
statutes and the latter section neVe
having been amended, we ought no
2 after the lapse of nearly twenty-iiv
e years from the passage Of the act {
= 1870 place upon It's 25th section or upo
= section 1857 OF the revised statute
p which took It's place, any interpretatlo
l other than mat which the ordinar
natural meaning OF their words impair
= our answers, therefore, to the que'
! lions certified. arc that the inYentio
! for United States patentee Bate wa
r issued under the facts stated, prev
ously patented In a foreign .countr
= within the meaning OF those words {
a section 1887 of the revised statutes an
= that the United States patent to hit
expired under the terms OF that sectio
: before the expiration OF seVehtee
years from its date.
| Let 1t be so certified to In the circu
e court of appeals"