Mineral Point tribune. (Mineral Point, Wis.) 1869-1938, 1895-03-07

against Francis Sulzberger X Co, up
on which the question whether Amer
lean patents expire when foreign pli-
ents have been previously issued
hinges, was decided by tine supreme
court yesterday 1t Is estimated fully
six hundred million dollars capital ~
vested In many valuable patents
hinges on this decision The "otlrt
holds that the invention for which
Bate received his patent had been
previously patented In a foreign coun-
try, and that the United States patent
did expire with the foreign patents.
The decision IL against elactrc and
other patents involved In tile decision
of this suit
Among patents affected are three IS
sued to the Western Onion Telegraph
company on applications fled by
Thomas a. 1ds0n, which afterwards
became the property of the American
Bell Telephone company Those pat
ents are claimed TO be fundamental
and with the Ballner patent now In
litigation expire III the date OF the cN-
pirltion OF The foreign patent They
are free In foreign countries and, m
der The present decision are made free
In this country The decision will also
affect In the same way the qnadru
pick telegraph patents. and mean.
descent lamp patents filed hg the Gen
eral Electric Light company There
was no dissenting opinion.
The decision at FIRST reviews the
patent laws since the foundation Of the
government, t1Tdng with minutenrss
the provisions as to foreign aud dolneS-
tie patients II sums mp the laws In
substance Hhtis.
From the HISTORY or the several
acts af congress relating to patents
for Inventions II appear THAI lip adj
the above acts congress had In mind
the date OF application for patent;
THE date of filing 0f specifications, and
the date Of the patent"
'lhe c0nlrt tlem rules ON the evident
intent Of fine statlltc not to be 10 bar
an American from receiving Il patent
IN the United States oil account OF q
prior issuance Of 4 foicign patent on
Nlit Cttlllf tltfN W. ~ itttsNVli vi AiiFf tltf
ing previously taken ont lette'a patent
therefor in a fmesgn country, more
than SIX months pr'ior to luis apPlica-
ttol This rnlliug the court holds ap
piled to dhe Bate patent, and con
tirMips:
Yet, every patient granted for nm In
yent1lm previously patented In u for
ign country shall I've 10 limited ays 10
eNl,nc IN HE ctHale ;'aae, with the one
haung allc shortest term IN no case
10 rrnlltn hi force longer tllGln seven
tecn years
''rhercttTe the American patent eX-
ptred with tins roreagn patent and
thereby the Anml'.,Em puhlic became
entitled to the use Of the Invention
from The fiine t3tc foreign pnbltc wars
permitted to llSe 1t Congress, In
effect. by existing kNs says 10 the
Inventor If Your Invention has not
been introduced into public use In the
United States for more than two yearS,
You may. upon complying with the
conditions prescribed, ohtain an Ameri-
tan patcut and you nEly, If You can,
uhtl!r u foreign pa.ten't. But the
Amertcan paiteult VIII be granted ON
condition that II YOU obtain a foreign
patent first yonr invention shall he
free 10 the American people. when
ever by reason OF the expiration of
the Foreign patont II becomes free 90
people abroad; but In no cause shall
the term of the American patent eN-
Crcd seventeen yClaH
''0nr answers therefore to the ques-
lions certified arr THAT the invention
for which tn, United states patcntee,
Rate, was isSuesl, was, under tho facts
stated previously patented in fur-
cigu country, N13tltIn The meaning of
those words In Sectjon 1857 of the re
viseei statutes and rhc United States
patent 10 him expired under the terms
of that section before The expiration ~
the sevepteru Years frau ftS date.
Let Ii be 50 certified to the circuit court
~ appeals "
The supreme court has reversed Inc
decision Of thc lower court in the eaSe
involving fhr validity uf the pl.ent MI
tile National cash Register company
The decision IS in favor &C ihe com.
pany
Ncw York March > The Bate le
cision handed down hy the nitcd
States supreme 6eurt Is probably more
farrearlling in itS Influence and ef
fccts ga larger amouu Ut property
than any decision &c the court since
thr "greephaek casrs we're dis.
posed ~ Tho decision hls iti enly
settled the cantroyersy between fhe
parties dlrrtlY Interested the t'en-
Grad Electric company. and fln Nnor-
lean Rel Telephone company ou oue
side ANA the WESTINGHOUSE ANA th.
and.Bcll Telephone eampaHy 81 ih5
other. hit "a also disp s.s III 4 ,nry
large number 81 other patents Which
the puhlie hlye assumed fo nfe cN
pirFl ander the rulin1 of the l.rWei
.Rg,t4f Itt4 tte}ts4sf V.n4I}J h1S944 l1afs43 -,