Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1895-05-23
The Telephone Monopoly.
public Ledger. }


The experience of the United States
with the Bell Telephone Company is
enough to wreck the patent system, or at
least to provoke radical amendments in
the law. When the government was
formed under the constitution CONGRESS-
was authorized "to promote the progress
of science and the useful arts by securing
for limited times to authors and inven
tors the exclusive right to their respective
writings and discoveries. " That was a
broad and liberal purpose one hundred
years ago, but, as matter of fact, the in
centive was not needed. The discoveries
which result in inventions are not paten-
table, and scientists, generally speaking,
continue to labor without reward. Science
and the useful arts would continue to
advance without any patent laws, but pa
| tent laws are nevertheless desirable when
| they secure deserved rewards to inven
tors. Their chief effect, however has
| been to enrich spectators and to wreck
the lives of inventors, disqualified by
| lack of knowledge or of money from max
| ing good use of them.
= The Bell Telephone Company, instead
of promoting the progress Of science and
| the useful arts, has been distinct drag
| upon both. 1t has either strangled inven-
tion and discovery or it has deprived the
public of the use of inventions actually
made by buying up patents and suppress
sing inventions that might have been luse-
| full 1t has done more than this. Not
satisfied with most liberal return on its
invested capital and the requirement of
what amounts almost to monopoly indie
pendent Of the patent laws it has sought
to pervert the latter by prolonging the
term of Its patents beyond the period for
which Congress intended to grant protec-
ton to the inventor. The recent decision
of the United States circuit court of ap-
peals affirming the validity of the Ber-
liner patent gives the Bell Telephone
Company monopoly of tho microphone
until the year 1908. The telephone patents
of Bell have expired, and any one is at
liberty to use the magnetic telephone
which was originally used and which is
serviceable in city exchanges. The Ber-
liner invention, however, which closely
| followed that of the telephone itself, made
long distance telephony possible. 1t has
been in use for a longer period than the
lifetime of a patent, but was not actu-
ally patented until 1891. Those who
|
in issuing the patent was due to hostility
in the patent office to the Bell Company
Seeing the result, it is much more rational
TO suppose that the Bell Company, as
owner Of the Berliner claim, purposeIy de-
isyed the issuance of the patent until the
term of its other projections against COM
petition was about to expire. This was,
in fact the finding of the United States
,tu I'D s-l Al
patent void because of Illegal delay in its
issue. The court found that fraud had
been practiced on the public through the
commissioner Of patents and his assis-
tants, and, in spite of the judgment Of
the court of appeals, which has reversed
this decision, it will remain the opinion
of the public that it has in fact been
feeced by perversion of the patent laws.
| In spite of any legal fog that may be
raised on the subject, everybody knows
that when authority was given to Con-
gress to promote the progress of science
and the useful arts, and when Congress
undertook to carry out this purpose by
securing the exclusive right to inventions
fo- a limited term of years, there was no
thought in the minds of the trainers of
the Constitution or of congressman that
great corporations would be formed to
buy up inventions, to suppress improve
ments, to reap the rewards promised to
inventors, and finally to SO put the latter
in opposition through controlling their
discoveries as to prolong patent rights
beyond the period fixed by law. All of
these things have been done under cover
of the law by the Bell Telephone Company
and they constitute an abuse of delegated
authority which requires correction.
What remedy to apply to effect reform
is less easy of suggestion than the evil to
be remedied. To prohibit the sale Of in
vcntions, thus insuring the benefits of the
patent laws to the real inventor or dis
coverer. would destroy his market, and
thus nullify the purpose Of the act. An
invention like that of Bell could not be
exploited or made useful to the public
except through the aid of corporation
with large capital. For its share in the
work OF establishing telephone exchanges
it is entitled to protection and liberal
reward. The thing to be guarded against
is not the union of inventor and capital
ist-which is essential TO the promotion OF
the progress Of science and the industrial