San Antonio daily light. [volume] (San Antonio, Tex.) 1886-1907, 1896-06-03
PATENT LITIGATION.
Trials of the Man Who Undertakes to
Exploit an Invention.

Trials of the Man who Undertakes to
Exploit an Invention.
A patent" is the short term for "let-
tiers patent"-an old phrase to signify
a letter verified by the public seal,
granting some exclusive right to the
person to whom it was addressed. This
letter was left patent, or open, instead
of being secret and closed.
In this country letters patent are given
to those who acquire land from the gov
eminent as well as to inventors. In
other countries mopopolies used to be
so granted to favorites of the sovereign,
and in Great Britain there are patents"
of nobility.
In an ordinary use of language q pat
emit grants to an inventor the exclusive
right to manufacture and sell his in
vention for a term of years; but fire.
quently the right granted is practic-
ally only the right to contend at law for
the privilege assumed by the patent
Indeed, before the patent reaches the
position where it may bring in money
TO its possessor, it may possibly have
to go through process which is form
of litigation. The patent Office itself
is organized like series of courts of
justice, and the claim to patent may
be argued" like lawsuit. Even the
primary examiners of patents hold
hearings in which two claimants for
the same invention and improvement
are represented by attorneys, and the
examiners-in-chief hold regular courts
to decide questions of interference and
priority.
The commissioner of patents is him
self court of appeals for the compli-
Gated litigation which takes place in
the patent office; and from him APP
peals may be made to the supreme court
of the District of Columbia, whence
they may go to the United States DIS
trict and supreme courts.
The government, in granting o pat
ent does not undertake to defend 1t
for the patentee. He mustdo that him
self; and If it turns out to be useful
and successful, it is almost certain to
be infringed. Its life, which in any
case cannot exceed II years - unless
there is reissue on account of an err
ror in the original issue-is likely 10
be attended by long series of law
suits.
Thus it happens that it is practical
ly impossible for an individual of no
great wealth to handle or exploit" a
successful invention, and that such in
ventions commonly pass into the hands
of large corporations representing
combinations of capital. These cor
porations are engaged in incessant liti-
CATION. ~
Often several corporations are inter
ested in one point at issue. This was
recently the case in suit which in
volved the question whether, under the
law, the life of an American patent
does not expire when an earlier foreign
patent, taken out for the same inven-
ton, expires, regardless of the date at
which the American patent was issued.
In this case several great corpora
tions joined issues, and carried the
question through all the courts until
a decision of the United States supreme
court was reached, affirming the judg-
ment of the court below, to the effect
that every American patent dies The
moment that foreign patent expires
which has been previously taken out on
the same invention.
Many millions of dollars depended on
this decision, which ended the patent
protection now extended to scores of
telephone and electric and other de-
vices and appliances-sweeping them
away literally by breath. 1t short
ems the life of q great many patents
which have not yet expired, and will
make all those inventions free to the
people at an earlier period than they
would otherwise have been.
This case, owing to its great impor-
lance to the people, was tried by the
court three years earlier than it would
have been if il had been left to its reg
ular course This fact is an instruc-
tive one as to the burden of litigation, a
surprisingly large part of which is in
connection with patents, that rests on
the federal courts.
Much of this litigation is no doubt
necessary, and even useful; but there
can be NO doubt that great deal of it
is the result of the effort of patent own
ers to retain, through every device
known to keen business men and law
yers expert in dilatory motions and pro-
ceedings, the monopoly OF an invention.