The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1895-03-05
But Indirectly Against Some of the
ell by the United States.
BELL TELEPHONE PATENTS
QUADRUPLEX TELEGRAPH, INCAN.
DESCENT ELECTRIC LAMPS,
Product of swizard'' Edison's Genius,
the BerIiner Patent and others to
he Free to the Public.

WASHINGTON. March 4--The case of
the Bate Refrigerator Company against
Francis Sulzberger & Co., on which rested
the question whether American patents
expire when foreign patents have been
previously issued, was decided to-day in an
exhaustive opinion by Justice Harlan. 1t
is estimated that not less than 5000 000,0 900
of capital hinges upon the decision, which
determines the status of many valuable
patents. The court held that the invention
for which Bate received patent was pre-
viously patented in foreign country, and
the United States patent did not expire
with the foreign patents. The decision is
against the electric and other patents in
volved in the decision of this suit.
The case involves the construction of
Section 4Ss7 of the Revised Statutes. which
provides that "every patent granted for an
invention which has been previously pat
ented in foreign country shall be so lin
tied as to expire at the same time as the
foreign patent, or, If there be more than
one, at the same time with the one having
the shortest term, and in no case shall it
be in force more than seventeen years.
Among the patents affected are three is
sued to the Western Union Telegraph Com
pany on applications filed by Thomas A. Ed
ison, as follows: Patent No. 474,2sO, appli-
cation filed April 27 1877: Nos. 47423l and
474,2S2, applications filed July 27, 1877 On
March Z, 1893, patent 492, 7S9 was issued to
the same party on application filed by the
same party on Sept. 5, 1877. These inven-
tions became the property Of the American
Bell Telephone Company l J the telephone
consolidation contract, Nov. /, 1879. These
Edison patents are claimed to be funda-
mental, and they, with the Berliner patent,
now in litigation, and which remained in
the Patent Office from s1s77 to November,
1891, expire at the date of the expiration
of the foreign patents. The inventions have
been in use since 1873 The Edison inven-
tions were patented abroad, in England,
France and Canada, in 1877; in Belgium.
Austria, Hungary, Italy, Germany and
Spain in 1s7s and in Prussia in 1882. They
are free in foreign countries and, under
the construction now given of Section 1887,
are made free in this country. Substan-
TALLY the decision will affect in the same
way the quadruplex telegraph patent, which
was applied for in October, 1884, and issued
Dee. 15, 1885. The incandescent lamp pat
ents, owned by the General Electric-lght
Company, are also included in those which
will be affected by the decision. There was
no dissenting opinion.
PATENT ACTS OF CONGRESS.
Inc decision urSt reviews the patent laws
since the foundation of the government,
tracing with minuteness the provisions as
to foreign and domestic patents. 1t sums
up the law thus:
From this history of the several acts
of Congress relating to patents for inven-
fions FirafPes It aPPearI in all the above acts Com
gress had in mind the date of an applica-
ton for a patent, the date of the filing of
specifications and the date of the patent.
.Second-That. under the act of 1886 a
patent could not be granted if it appeared
that a ent the applicant was not the original
any part of that which was claimed as new
fed before been invented, or discovered or
lication issued in this or any foreign coun-
try; yet, an original and true inventor was
not to be @ deprived g Of a. patent for his in
taken out letters patent therefor in for
eign country, and the same having been
published at any. time within six months
next preceding the filing of his specifica-
tion and drawings
.-Third-That under the act of 1899 an
inventor, whose invention had not been in
trOduced into public and common use in
the United States prior to the application
receiving patent by reason of his inven-
ton having been patented in a foreign
country more than six months prior to his
application
.'Fourth-That under the act of 1870 an
inventor whose invention had not been in
troduced into public use in the United
States for more than two years prior 70
the application, should not be debarred
from receiving a patent by reason of its
having been first patented or caused to be
patented in a foreign country-these words
not being qualified. as in the act of 1929
by any reference to the date of the appli-
cation.
.sFifth-That when an American natent
was granted in conformity with the sixth
section of the act of 1889 for invention
patented in foreign country more than
pired, in every case, at the end of four
teen years from the date of publication of
conformity with the twenty-fifth section of
the act of 1870 a patent was granted for an
invention, first patented caused to be
patented in foreign country it expired
at the same time with the foreign patent
or if there be more than one, at the same
term
'.sixth-That. under the Revised Statutes.
while. a patent for an invention could not
be withheld nor deemed invalid sby reason
of Its having been first patented or caused
to be patented in foreign country. unless
use in the United States more than rwo
years prior to the application, yet, every
ously patented in foreign country shall
be SO limited as to expire at the same time
with the one having the shortest term
in no case to remain in force longer than
seventeen years =
THE BATE INVENTION.
The decision then takes up the legal con-
tention of the plaintiff that when the same
invention is patented both in this country
and abroad, the American patent remains
in force for seventeen years from its date
il the foreign patent was issued after the
application for, although prior to the date
of American patent. The Interpretation
placed on the act of 1870 by the Patent Office
and the courts is minutely considered and
copious decisions cited, and the decision
says this court may well adopt that con-
siruction, which is in harmony with the
settled practice and decisions. especially ..if
there be reason to suppose that vast inter-
ests may have grown up under that prac-
tice and under judicial decisions which