The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1895-03-05
BIG PATENTS VOID.
Including Incandescent Lamp
and the Qradruplex-
DECISION BY SUPREME COZ RT.
An Invention Becomes Public Property
In United states When It's Patenf
In . Foreign Country Expires.

washington Cry, March 4-The case OF
the Bate Refrigerator Company against
Francis Sulzbergsr & Co. upon the ques-
ton when American patents expire when
foreign patents have been previously Is
sued, was decided today in an exhaustive
opinion by Justice Harlan The court held
that the invention for which Bate received
q patent was previously patented In for
eign country, and the United States pat
ent expired with the foreign patent. Elec-
trio and other patents are involved In the
decision of this suit
The case involves the construction Of
section s.ssI Of the revised statutes. which
provides that every patent granted for
an invention which has been previously
patented in q foreign country shall Dc so
limited as 10 expire at the same time as
the foreign patent, or. IL there be more
than one. at the same time with the one
having the shortest term. and in no case
years"
Among the patents affected are three
issued to the Western Union Telegraph
Company, on an application fled by
Thomas A. Edison. as follows: Patent
No. $50 application filed April q. is77
No 81 and ~. 80. applications filed
July q. 1871. On March Z. 1888. patent No
49, $50 was issued TO the same party. on an
application filed by the same party on
September 5. ls77. These inventions be-
came the property of the American Bell
Telephone Company by the telephone con-
solidation contract. November /. Is7e
These Edison patents are claimed to be
fundamental. and they. with the Beriiner
patent. now In litigation, and which are
made In the patent Office from 1877 TO No
yember. 1884, expire at the same date OF
the expiration of the foreign patents. The
inventions have been In use since 1878
The Edison Inventions were patented in
Belgium. Austria Hungary. Italy, Ger
many and Spain In 1875, and in Prussia In
!sss- They are free In foreign countries.
and. under the construction now given TO
section 4,ss7 are made free In this coun-
sry.
Substantially the decision will affect in
the same way the quadruplex telegraph
patents. which were applied for in Oc-
tober. 1874. and issued December IS. 1855
The fncandescent lamp patents filed by
the General Electric Light Company are
also included In those which will be af-
fecfed by the invention. The decision
says:
Was the Bate Invention patented
abroad before II was patented in this
country? II so. the American patent ex-
pired with the foreign patent, and there
by the American public became entitled
to the use of the invention from the time
the foreign public was permitted TO use
IT. Congress In effect, by the existing
laws. says TO an inventor seeking to en-
JOY the exclusive use In the country of
his invention for the term prescribed by
law; IF your invention has not been in,
troduced into public use I'm the United
states for more than two years you may,
on complying with the conditions pre-
scribed, obtain an American patent, and
yon may, IL you can. obtain foreign pat
ents But the American patent will be
granted on the condition that IL YOU OBJ
tain the foreign patent first your inyen-
ton shall he free to the American people
whenever, by reason of the expiration of
the foreign patent. IL becomes free TO
people abroad; but In no case shall the
term of the American patent exceed sew
enteen years
The rule prescribed by the twenty-fifth
section OF the act of 1870 having been re-
produced In section 4SS7 of the Revised
Statutes. and the latter section never hay-
ing been amended. We ought not. after
the lapse OF nearly twenty-five years
from the passage of the act OF 1870. place
on Its twenty-ffth section. or on section
AMI OF the Revised Statutes which took
its place, any Interpretation other than
that which the ordinary. natural mean
ing of their words import Our an
swers therefore on the questions eerti-
fed are that the inventions on which
United States patents of Bate were issued
were under the facts stated previously
patented In a foreign country within
the meaning of those words in section
s.SS' OF the Revised Statutes and that the
United states patent to him expired nm
der the terms OF that section before the
expiration of seventeen years from it's
date. Let IL be so certified 10 the circui,
court of appeals