Evening star., 1900-12-04

The Washington Member of the Commission.
faith. The foreign laws on these subjects
also reviewed with equal care with a
view of determining what, if any, of their
features are worthy of d place in pat
ent system
The commissioners find that, so far as
the patent system is concerned, few
changes, and none affecting the basic prin-
ciples of our system. are to be recommend
ed. While more than seventy countries
have patent laws, in none of them is there
a patent system which, on the whole is as
satisfactory as our own In fact, this is
generally recognized throughout the world,
there being clearly shown marked tend
ency among foreign nations toward the
adoption of our system in more or less
modified FORM -
Three Proposed Bills.
The commissioners present three brief
proposed bills enlbodying their views as
to the changes necessary to give full force
and effect to the treaty agreements and as
to the changes necessary to incorporate in
our laws all. not already there, which is
found to be Of practical value in the foreign
patent laws. The changes suggested by the
study of foreign laws, which are recon-
mended. are, first, to require foreigners who
take patents here to place themselves con-
structively within the jurisdiction of our
courts by designating some resident
here who shall be authorized to accept SER
vice in any proceedings brought against
them second, to provide that an unpublish-
ed foreign patent shall not be a bar to
the grant of patent here; third, to pro-
vide that the mere fact of having applied
for patent abroad shall not prevent an in
ventor from obtaining a patent here; and,
fourth to provide that after a patent has
been granted to one inventor for inven-
ton the patent for the same invention SUBJ
sequently granted to another who has
proved himself to be the first inventor shall
expire with the expiration Of the term of
the patent first granted.
Changes in Trademark Law.
While the commissioners find little to
change In the patent law. the case is ma
terially different with reference to the
trademark law. Changes are found neces-
sary not only to give effect TO treaty agree
ments with respect to the registration and
protection of trademarks, but important
changes in the law are also found to be
necessary both in the interest of the own
ers of trademarks and for the purpose of
securing to the public information as to
the trademarks which in use and are
claimed to be the property of their users.
In order to adequately provide for pro-
tecting both the rights of the public and
the rights of trademark owners the COM
missioners find it desirable, after an ex-
tended consideration of the treaties and
the laws of foreign countries, 10 practical
ly reWrite the trademark statutes.
The most important features of the trade
mark law on which they agree are first,
the registration and protection by statute
of trademarks used in interstate commerce
as well as foreign commerce: second, the
registration of all marks which could be
protected under the common law; third, a
reduction of the fee for registration from
$25 as at present, to $40. and a more sim
pie procedure for effecting registration than
that at present required, and fourth, pro-
visions by which a registered mark shall
be given sufficient protection additional to
that afforded by the common law to induce
owners of marks to register them.
Question of Constitutionality.
The commissioners find it necessary to
meet with respect to the registration of
marks used in interstate commerce ques-
ton of constitutonality. They are, how
ever satisfied from the intimate connection
between trademarks and commerce that.
while the Constitution does not in terms
place trademarks within congressional con-
troll, the authority of Congress in this mat
ter Is necessarily to be inferred from the
commerce clause.
AS to the effect of registration upon the
question of ownership of trademarks there
is some difference of opinion. Two of the
commissioners, Judge Grosscup and Mr..
Forbes, unite in presenting. without. how
ever, expressing any opinion as to its ex-
pediency, a proposed bill which makes
ownership of trademark conditional upon
regulation of commerce between the states
as well as foreign commerce BY this bill
infringement of trademark is made a
misdemeanor punishable by a fine Of not
more than $50; goods bearing false mark
may be seized in transit between states
and other measures are provided for the
protection of the rights Of owners Of trade
marks.
Mr.. Greeley's Dissent.
The third member Of the commission, Mr..
Greeley, while agreeing as to all other mat
ters, dissents as to the proposed bill. He
submits bill which differs from the ma
jority bill as to the effect of registration.
In Mr. Greeleys opinion registration should
be legal notice of the claim Of ownership
acquired by use in accordance with the
common law, and should entitle the regis
trant to remedies for infringement additional
to those afforded by the common law, but
should not in itself determine ownership.
His bill provides what is known as a
declaratory law. as opposed to an attribu-
tive Law. In order to make his position
clear Mr.. Greeley submits with his bill