The Van Buren press., 1896-05-23
PATENT LITIGATION.
Trials of the Man Who Undertakes to
Exploit an Invention.

Exploit an Invention.
A "patent" is the short term for 'let-
tiers patent''--an old phrase to signify
letter verified by the public seal
granting Tome 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 moropolies used to be
so granted to favortes of the sovereign,
and in Great Britain there are patents
of nobility.
In an ordinary use of language pat
ent grants to an inventor the exclusive
right to manufacture and sell his In
yention for term of years; but fire.
quently the right granted is pructic-
ally only the right to contend at law for
the privilege assumed by the patent.
Indeed, before the patenL'reaches the
position where 1t may bring in money
TO its possessor, 1t may possibly have
to go through 4 process which is form
of litigation. The patent office itself
is organized like Il series of courts of
justice, and the claim to a patent mny
be argued" like a 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-c hold regular courts
to decide questions of interference and
priority.
The commissioner of patents is him
self court of appeals for the eompli-
Gated litigation which takes place in
the patent office; and from him APP
peals may be mnde 20 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 a pat
ent, does not undertake to defend II
for the patentee. He must do that hun
self; and II 1t turns out 10 be useful
and successful, 1t is almost certain to
be infringed. lts life which in any
case cannot exceed II years = unless
there is reissue on account of an or
ror in the original issue--is likely to
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
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 lti-
cation.
Often several corporations are inter
ested in one point ut 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 inycn-
ton, expires, regardless of the date at
which the American patent was issued.
In this case several great corpora
tons 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 inc
moment that foreign patent expires
which has been previously taken out on
the same invention.
Many millions OF dollars depended OH
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 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-
tance to the people, was tried by the
court three years earlier than it would
have been if it had been left to its reg
ular course. This fact is an instruc-
tive one as to the burden of litigation, Il
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 indilatory motions and pro-
ceedings, the monopoly of an invention.
Youths Companion.