The times. [volume] (Richmond, Va.) 1890-1903, 1895-03-06
IMPORTANT PATENT DECISION.
Valuable Telephone and Telegraph inven
lions Now Pubic Property.

WASHINGTON. March 5.-The case OF
the Bate Refrigerator Company agai's
Ferdinand Suizberger & CO., upon which
the question of when American patents
have been previously issued, was decided
yesterday i'm an exhaustive opinion by
Justice Harlan. 1t is estimated that not
less than $500 900, 0o0 of capital hinges upon
the decision, which determines the status
OF many valuable patents.
The court held that the invention Tor
which Bate received a patent was pre-
viously patented i'm a foreign country,
and that the United States patent did
expire with the foreign patents. The de-
cisiOn is against the electric and other
patents involved IN the decision OF this
suit.
The case involves the construction of
section 1881 of the Revised Statutes, which
provides that every patent granted lYi
an invention which has been previously
patented in a foreign country shall be so
limited as 10 expire at the same time
with the foreign patent, or, II there %
more than one, at the same time WIN
the one having the shortest term, ana
in no case shall ii be in force more than
seventeen years. Among the patents ar
fected are three issued to the western
Onion Telegraph Company on applications
filed By Thomas A. Edison, as follows:
Patent No 474, 280. application filed April
p. 1881 Nos. H4,23l and 4H,&2 appHcauoll
filed July y, 1871 On March T. 1873, patent
AZ, fSJ was ISSUED on All apliiOdtiolt liitt
by the same party on September 3, 1871:
These inventions became the property oil
the American Bell Telephone COMPANY
by the telephone cOnsOli 1auon contract
Of November l, 1879 These Edison patents
are claimed to be fundamental, and they,
with the Berliner patent now IN ntlsa-
ton, and which remained in the Patent
Office from 1871 to November 1871, expire
at the date If the expiration OF the Tor
elgn patents. The inventions have been
in use since 1878. The Edison inventions
were patented abroad, IN England. France
and Canada in 1877. I'm Belgium, Austria
Hungary, Italy. Germany and spain IN
1878. and in Prussia in 1852. They are free
in foreign countries. and under the con-
struction now given OF section 1887, are
made free in this country. -,
Substantially, the decision VIII affect
I'm The same way the quadrupie& teie-
graph patents, which were applied Tor IN
October 1874, and issued pecemDer d.
1850. The incandescent lamps patents'
are also included TO those Wnlch VIII Ds
affected by the decision. There was no
dissenting opinion.
ne decision takes up the legal conten-
ton of the plaintiff, that when the same
invention Is patented both in this coun-
try and abroad, the American patent
remains in force for seventeen years from
it's GATE IL the foreign patent was issued
after the application for, although PRIOR
Ia The date of tbs American patent. Ias
Interpretation placed upon the act OF
1S7O Nv the Patent Office and the courts
Is minutely considered and copious de-
cisions cited, and the decision says TINS
court may we'll adopt that construction
which is in harmony with settled pfac-
tce and decisions, especially III tnere De
reason to suppose that vast interests may
have grown up under that pracuce ana
under judicial decisions which may Do
disturbed or destroyed by the announce
ment of a new rule. ~.
The decision then says: as inc bdte
Invention patented abroad before IL was
patented I'm this country? IL so, the
american patent expired with the for-
eign patent. and thereby the American
public became entitled TO use the inven-
ton from the time the foreign puoiic
were permitted to use IL. Congress, IN
effect, by the existing law, says 10 an
inventor seeking 10 enjoy the exclusive
use in this country of his invention Tor
the term prescribed by law: III your IN
ventjon has not been INTRODUCED into pub
lie use IN the United States for more
than two years, you may, upon comply
ing with the conditions prescribed, OBJ
tain an American patent, and you may,
N you can, obtain foreign patent. But
the American patent Will be granted on
the condition that III you obtain the for-
eign patent first, your Invention shali pc
free TO the American people whenever, py
reason of the expiration OF the fore.sn
patent il becomes free TO people abroad.
but in no case shall the term or the
American patent exceed seventeen
years."