The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1895-03-05

WASHINGTON, March 4.-Tho supreme
court Of the United States, in an elabor.
atc opinion read by Justice Harlan, do.
cided that the date Of issue, and not tho
date Of application, for an American
patent determines whether or not It OK.
plres coincidentally with a foreign pat.
ont granted for tho same invention.
The decision was made In tho case OF the
Bato RoirlSerating Company VS.. Ferdi.
naud Sulzberger ct al. certified IRON tho
court OF appeals for the second circuit,
which asked tho supreme court to do.
eide. Tho decision affects adversely
many pasents. notably in connection
with tho use OF tho telephone. tho elcc.
trio light aud many other valuable in.
ventions, all told. 1t Ia estimated, repre-.
aontiug six hundred millions Of capital,
which are by the decision held 10 have
expired.
The decision OF tho first sect ion re-
vlews epatent laws since the founda.
tion OF tho government tracing with
minutoness the provisions as to foreign
aud domestic patents. The decision
then takes up the loyal condition OF the
plaintiff that when the same invention
Is patented both In this country and
abroad, the American patent remains
IN forco for seventeen years from its
date II the foreign patent was issued
after the application for. although prior
to tho date OF tho American patent.
The interpi citation placed upon the act
OF 1870 by the patent office and the
courts Is minutely considered and
copious decisions cited, and the deci.
sion says this court may well adopt that
construction. which is in harmony
with sottled practice and decisions. es-
pacially "if there be reason to suppose
that vast interests may have grown up
under that practice aud under judicial
decisions which may be disturbed or
destroyed by the announcement OF o
new rule"
Tho decision then says: "Was tho in
yention patented abroad before 1t was
patented in this country? II 80, the
American patent expired with the for.
eivn patent. and thereby the American
public became entitled to the use OF the
invention from the time the foreign pub
lie were permitted TO use it. Congress,
in effect, by helexisting laws, Gays to an
inventor seeking to enjoy the exclusive
use in this country OF his inveution for
the term prescribed by law: "lt your
invention has not been introduced into
public 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,
II you can, obtain an American patent.
But the American patent will be
granted on tho condition that il
You obtain the foreign patent first. your
Invention shall be free to tho Ameri.
can people whenever By reason OF the
expiration Of the foreign patent it be.
comes FREQ to people abroad; but in no
case shall the term OF the American
patent exceed seventeen years. This
we deem to be n sound Interpretation Of
the statute giving to the words used the
meaning required by their ordinary
Specifications. In our judgment the Ian
guaSe used Is so PLAIN and unambigu-
Gus that 4 refusal to recognize lis natur-
al. obvious meaning would be Justly re.
garded as indicating purpose to
change the law BY judicial action based
upon some supposed policy OF Con.
gress."
After diaposing Of numerous incident
al points Of the plaintiff, the dicision
proceeds:
1t Is for Congress to prescribe tho
conditions upon which it will secure to
inventors tho exclusive right TO their
inventions and tho province OF the leg.
isla,iye branch OF tho government to
say whom patent to an inventor shall
expire. And therefore,, when tho pub.
lie may enjoy, withou, charge, tho BEN
oft Of the invention covered by 1t, We
can very well understand how tho OK.
listing statute may In some circum.
stancos operate inluriously to IN Amer
lean inventor. who, in addition to the
exclusive rights granted to him in this
country for tho term Of seventeen years,
wishes to secure n monopoly for his in
vention before obtaining ono hero, tho
American patont is limited by law,
whether it Is so expressed or not in the
patent itsclf, to expire with tho foreign
patent having the shortest torn. This
is tho case MS it appears from tho
standpoint Of tho paton,ee. withou. re-.
gard to the interests Of tho American
public.