Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1895-03-05
|.,1p1lNT PATENT DECISION.
.r,os. sor Pnorrornp ron
|nf'', sr,s,rEEN YEARS
WASHINGTON, March A.

WASHINGTON, March 4.
=, the Bate Refrigerator
|TAs cay against $. F. sulsberser &
apsn ~, which the question of Ameri-
up .,,s expiring when foreign
r pA's nave been previously issued
'''. s,oIded today in an exhaustive
p w. I, Justice Harlan. 1t is esti-
sn nat not less than ssoo,ooo'ooo
re ,.s, hinges upon the decision 1t
CIV s.d the status of many valuable
The court held that the in
/ a,,au for which Bate received a
'ss -. vlously patented In foreign
~ ~ the United States patent did
Y. with the foreign patent. The
.'.r Is against the electric and
!, PATENTS involved in the decision
bis suit. ...,..
!. ,s77 revised statutes which pro-
,ha, eeyery patent granted for an
.,on which has been previously
..,ad in foreign country shall ex-
:, ,he same time as the foreign
ar II there be more than one,
N. same time with the one having
.,n,,sst term. In no case shall it
: ,orce more than seventeen years.
Tho patents affected are three
W The Western Union Telegraph
{r,any ON applications by 4. a.
XXX as follows; Patent NO. 4i4,2S4,
| rigii and 474,242. applications nled
In n, 1911.
March I, 1898, patent 4se.7S9 was
IA 70 the same party on applica-
sisd BY the same party. These
I-,-tlons become the property of the
'.,icsn Bell Telephone company by
[. ,sianhone consolidation contract on
i,.mber i. 1879. These Edison patents
rlaimed to be fundamental and
| y With the Berllner patent now in
L,,,tIon and which remained in the
u, Mice from 1871 to November, 1891,
{rrp Al the date of expiration of the
I',Irn patents. The inventions have
n in use since 1878. The other inven-
ns we're patented apgotu Ia 5n i l,,,iu'
flnee, Canada, IN lS.'' III Dsis I'm,
[suis, hulBar iIais ~ 200 "'u
4 ala in 1851 and PRUSSIA in 1857.
are free IN foreign countries and
Iler the construction now given of
Fan isI7 are free in this country.
Ihrantially the decision Will affect
I he same way the quadruplex tele-
fiph when were lssueu DeIe'iiDt' ~
the lneahdesceit lump palS'lts
by tne Generhl IieStltc Llsil l
nAny are alsp Nleiuueu IA sHuse
Lien viii pc alecteu ny we uecis no.
Es was dissensloh or opihlon, 1he
dson reviews the patent Jaws slnce
foundation OF me soNerlliileiit, u u az
N nihuteHess tnt W. puess,o I
foreign ana uoIilestic patents ~
y up me laws mus a. ,
Nom ms history OF me seve ~
OF cohsress rolutllls !" Pa'ei''s
nyentlohs' H. uPpeu,s'
fhat IN an me apoVe hcts con
= haa III mlnu the gate OF an apph-
IN ior patent the cate OF Inhs
'pecihcatlohs ana the GATE Oh Ahe
NJ
mat uncer Inc ACT OF 1000 u pat
eoaid moi pe granted IL ~ uppeale ~
NE applicant was not the orlslhu
lnrst inventor or dlscoVerer' OF thel
part OF that when was claihev
ieW mad been invented or dlscoVeret
l4'enleu or described IN any iorelsi
tlgn country Yet an original an(
inventor was not TO De depFlNey
patent Tor ms invention py reasoi
ny havlng previously taken OUT iet
patent lhefeior ~ foreign c0un
anu lhs same having peeh pupllaIl
any time wlthln SIX months mex
falng me ming OF ms spscihcatloi'
cravings.
mat under the act OF 1889 an IN
wv whose invention had not peei
s1uced lnlo public ana common US
w ohi'eu states prior 10 the appil
lph ior patent should not be de
NV rom receiving patent by fcl
I'd in foreign country more thai
months prior TO his application
maj under the act or lsiV an IN
vl Wlose inventions had hot pee
vlueeu lillo pubic use In the Unite
II ior more than Two years PRO
.ns application should not be DC
" rom receiving patent by rea
VI us having been first patented !
"usn eountry-these words not be
ssiineu' as IN the act OF 1883 %
.eierehce TO the date OF the appi
On
maj when an American paten
sNNaN
~ section of the act OF 1899 for a
saueh patented in a foreign eountr
,', man SIX months prior to his az
~non u expired In every case q
,, smu OF IL years from the date ,
"ssgon OF such foreign letter pa
sna when In conformity with IN
'"s..ilth section OF the act OF lS''
y, ss'snt was granted for an inventio
! patented or caused to be patente
ioteign country 1t expired at tn
~ ume with the foreign patent {
asrs be more than one at the sam
mth the patent having the shor
= I'm
III llAt under tho rnNtEn1 statute