The sun. [volume] (New York [N.Y.]) 1833-1916, 1897-12-26
EDISON TALKS OF PATENTS.
rHEIR TALUE LEsSBNED M THE
PRACTICE OF THE COURTS.

Courts ana Costly Preparations.
Thomas A.. Edison has tAkon out probably
moro patents than any other inventor. He
owes his fortune and his fame to some Of them.
ho has lost greater fortune and perhaps greater
famo because no was not ablo to protect HE
rights in others. Naturally his knowledge OF
patont practice lie extended, and when no talks
Of invention rs n profession he speaks by the
card. Many persons may DO surprised to learn
that patentinR an invention, however valuable
10 not always considered advisable. Some
of tho u ost profitable contrivances in
the world have not boon patented; they
have beer manipulated and placed upon
the market In such a manner rs -
make it Improbable for any person other than
the rightful owners to manufacture them. The
plan Of procedure In such q case Is generally
new In every instance. The existing conditions
determine the mode of procedure. Such q plan
of action Is known as a trade secret. Edison
h 3 n number of trade secrets" which ho con-
siders moro valuable than would be letters
patent on tho Same device.
"The value of q patent" says the inventor.
"diminishcs in the ratio Mt which the value Of
the thing patented decreases. That is to say, if
q man gets up n patent on a wrench. that patents
has a real valuo and may be profitable; but II
no gets up a patent on a system which revolm.
tonnes things and Is of tremendous value to
the world at large, that patent Is not valuable
to the inventor, on account of tho procedure OF
the court.
I'm a great many cases. outside Of mechat ical
things. the trade secret is moro valued as Q
protection than a patent. Dishonest persons
often can get tho inner track of an important
discovery or patent, and make use Of it Illegally.
while the inventor may never realize anything
on his work, although he may spend thousands
Of dollars and continue the fight for years.
Yes, the value to the inventor of q patent In
creases Just as its value to the public decreasess
the reward for his services increases with thS
lack Of value of the patent. There ia less ro-
ward than ever for the industrious inventor.
zone of my biggest inventions, for which
patents were asked years ago, has just been de-
clarcd mine by law. Meantime other men have
been and are using It and are deriving the
financial benefit, all on account OF tho workings
OF the patent system. or course, / can sue them.
but it will be a long time before l can do any
thing. In short, there Is comparatively little
reward for the inventor of the important ma
chine. A trade secret is of value in the chemi-
cal line. for there it can be guarded. For I'M
stance, in the case Of Bessemer Of Bessemer
steel fame. He made his money by making
bronze powder by a secret process, and kept the
secret in the family for years before 1t was final
ly given out to the world. As with the small
patent, the small trade secret has the advantage
in holding the market and in keeping the device
from being stolen. Get up trivial inventions Of
minor Importance and they are valuable"
Mr.. Edison was asked how he would protect
large inventions and what reform was necessary
In Patent Office practice.
The best way is not to try to invent. The
tendency is to discourage important inventions.
The prevention OF unnecessary delay in issuing
patents would make a great change. At present
the man who infrlnges has every chance OF pro-
tecting himself. The inventor. finding q COM
a,tt al ti- .-.z- a. q.
Patent Office and asks for an injunction. He
says: I have a patent ON this or that. A man
who worked in my shop is using my idens. cut
ting my price down ana running me. l can't
make a cent on my own invention. Give me an
injunction against this man until l can get the
case settled
will let HIM go ahead AMI fight it out Then tho
man who owns no real patent gets the benefit OF
m ths a Who dsser rRe n tSe r wi,n the so P" S;s tT TSs Ihe
trials, and eXperiments.and when II comes to
s f.. lem, 1.-THE The fth ir fellow practically tie has won
for by that time the sale OF the invention will
hive stopped or have become SO feeble thns
"Infringers Of patents take advantage of the
practice OF the United States Supreme Court. II
yaiusole to the public At large you Will Il and that
1t will sooner or later be intrinRed upon. II 10
were possible to get an injunction Immediately
against an infringer all would be wei, but you
cannot do his: When you start up the other
lower price. You cannot do anything in, court
Of money aud time in inyehting your
the PSae0 public E'u at pace fe ene %R 1iSiS VI will. IL yo sS
think, reimburse you for your ~expcndi-
of these eXr enditures, and can therefore afford
to sell far below your price. A%.lawsuit for you
is costly matter; for him it is comparatively
q triie. For instance, in order to prove your
patents you have got TO make researches. you
have got to have expert drawing made. and
there are numbcrless other expenses which eat
up profits. All the infringer has to do is to en-
ploy a lawyer who is noted Tor causing delays
In court. Every time your case comes up no
attempts TO delay it, and generally succeeds.
while the infringeri is manufacturing Mt a profit.
If after five or six years you prove to the
v%ention. there is but one thing left to yo1-.to
attack your opponent's factory. Al this point
tory. You will find that tho "achinery has
been rented. or else it is in the name of his wife.
up Of his employees or Of his family. and when
aanally you s%oop down upon him all you can
sim run the shop machinery, and give more
trouble. and in the end there Is not only no re-
s%Sss , i3p the 10 pi% I1ysn'S all a SSs t ffso!nto Af iHss' y5 IL
ak to the public other people SEQ that you
f h@He I 5000 Y ioa"f ha ssa pe EFEap,ss SPENT arGeG $foS.ooS
for machinery. tools. &c. when along comes the
% 9'hee a @il ~: % w,1sS1 So s sny 55s sipGs saa q. AM. S1d
to get Judgment against him.
Two men come into the United States court1
one has u patent; presumably he is the original
inventor; both have a different tale TO- tell. The
presumed owner says: W are. in litigation.
and want an Injunction But the court viii
will let him go head, We don't care anything
about the pgtent., When we decide, 1t will be on
It's merits, That is generally six, seven. or eight
everything.
THE laws are all right and don't need re-
al right. too; There is no corruption there. 10
a. lies with the power and practice of the
United Stntcs Supreme Court. Years ago they
would grant an Injunction on the face Of the
patent. The p~atentee had better rights. Now
they don't, and that is what Is driving every
good man out, of tho business. or driving him
into details. because they are safe. III you
another man coming in and spending $500 900
or $500, boo lighting you ON a thing which done
THE operations Of patent sharks sometimes
compel an inventor TO obtain patents for articles
winch are never meant To he nIured on TIM