Northern Wisconsin advertiser. [volume] (Wabeno, Wis.) 1898-1925, 1900-12-20
REPORT TO CONGRESS.
Recommendations for Patent and
Trademark Laws.

Many valuable recommendations
concerning the revision of the patent
and trademark laws of the United
States are embodied in a report of a
special commission presented to con-
gress. The members of the commits
sion were Peter S. Grosscup, United
States circuit Judge; Francis Forbes,
patent law attorney of New York,
and Arthur p. Greeley, formerly as
sistant commissioner of patents at
Washington. The commissioners were
appointed to act without compensation
June A, 1898, and their work covered a
period of more than two years. The
report refers to the good results of the
International Convention for the Pro-
lection of Industrial Property held at
Paris in 1888.
A conclusion is made that the laws
should be amended to provide that an
application for patent filed in any
one of the counties which are parties
t othe convention shall, if the inventor
files an application within seven
months from that date, be given the
same force as regard supriority that it
would have if originally filed here.
The commissioners recommend, in
| view of the fact that caveats are gen
| orally regarded as of no practical
value, that the law which provides
for them shall be repealed. The COM
missioners also recommend a change
in the law by which it shall be made
clear that the executors or administra-
tors of deceased inventor, whether
appointed abroad or in this country
be permitted to apply for patent for
the invention. AS the law is now
construed, letters of administration
are required to be taken out in this
country. An amendment by which it
will be more convenient for foreign
inventors to make oath to their appli-
cations than under the present law is
also recommended.
After comparison with the laws of
other countries, the commissioners
say: There is no doubt, as regards
its essential features, the United
States patent system is the best which
has been devised up to the present
time" Severa, desirable features of
the foreign laws are held to be desir-
able. These are: l. That foreigners
who take out patents here should have
in this country a representative on
whom papers may be served in any
suit affecting their interests. 2. To
give to a foreign patent, as a bar to
the grant of an applicant here. the
same weight as any other disclosure
that is, if printed the patent should be
given the effect of a printed publica-
ton, and if not printed it should have
no other effect than that of knowl-
edge or use of the invention in the
country in which it was granted. 3.
To provide that after patent has
been once granted for an invention
the patent granted thereafter for the
same invention TO another shall be
granted only for the unexpired term
of the first patent
As to trademark laws, it is suggest
ed that practical revision Oh rewrit-
ing of the present system is necessary.
Changes in this particular are held to
be important, because trade marks af-
feet commercial interests more widely
than do patents. The commissioners
found it necessary to present their
views as to the constitutional power
OF congress to provide for the regis
tration and protection of trade marks
used in interstate commerce. in view
OF the fact that some doubt on this
question has been heretofore ex-
pressed. The conclusion is that con
gress has this power under the COM
merce clause of the constitution. On
behalf of Judge Grosscup and Attorney
Forbes there was submitted a pro-
posed bill to regulate and protect
trade marks, etc, and to enforce the
ter les resartllnsr the sauna