Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1902-12-08
LAWS PERMIT GREAT INJUSTICE
Patentees Compelled to Wait So Long
Before Their Exclusive Rights Can
Be Enforced by Stopping Infringe
ment-lmportant Amendment to the
Laws Meets With Opposition.
Special to Times Republican.

alton bills decided effort will be made
| TO secure an important change in our
patent laws. which as compared with
those of other countries are generally
considered by those who have given the
subject most careful attention far be-
hind in the protection offered our own
| inventors.
AS our laws now stand patentees are
obliged to wait several years after the
| date of their patents before they can
enforce their exclusive rights by stop
ping infringements. 1t is claimed that
| this is great injustice to inventors,
and frequently operates to rob them of
| the value of their inventions for many
years. In some cases infringement pro-
ceedings have dragged along for almost
| the entire period of the life of the pat
ent. 1t is now proposed to prevent
abuses of this sort by an amendment
to the laws providing that iniunctions
to restrain infringement. pendente lite
shall not be denied on the ground that
the patent is of recent date or has not
been adjudicated. This proposition
has met with considerable opposition,
Il,
are two sides to the question. 1t is
contended that the adoption OF this
amendment would make it possible for
dishonest persons to blackmail paten-
tees by threats of bringing infringe
ment suits. Those who oppose the
adoption of the amendment say that the
present law can be changed in some
other way so as to effect the modlfica-
ton desired.
1t is rather surprising to find how
many people and among them not
few members of congress who have
very wrong ideas regarding patented
articles are under the impression that
because an article is patented they have
to pay more for it than for an article
not protected by patent and that the
granting of a patent gives the patentee
the right and privilege of demanding
an unreasonable price for his invention
from those have use for 1t.
This is, however, the exception and
rot by any means the rule. In the
first ,,laoo patented articles, even tho
they be great improvement over. and
much more economical to use than the
articles they are destined to supersede,
are, as a rule, offered to the public at
only slight, if any, advanced price.
This must necessarily be so or the pub
lie would be 10th to discard present
methods in favor of the improved,
even tho the adoption of an improved
implement or process would by its saw
ing of time and labor justify paying a
price greatly in excess of its cost.
The greatest benefit an inventor de-
rives from a patent right is the pro-
lection given him against trade pi-
rates"
In order that the public may enjoy
the benefits of an Improvement in
machine implement, tool process or de-
sign it is of course necessary to pro-
duee the improved article. This gem
orally requires an outlay of capital to
build and equip factory and II the IN
yentor does not possess the necessary
funds he must interest those who do,
either by selling them his patent right
to make, sell or use his invention or by
offering to divide the profits that may
be derived from the making, selling or /
using thereof.
After the arrangements for producing
the patented article have been made
and the necessary capital invested, the
next step is to let the public know that
such an article can be obtained; where.
how and at what price it can be pro-
cured and to convince them that 1T
really is an Improvement, the adopt
ion of which will save enough time or
labor to justify the payment of the
price asked. This is called advertising
and the uninitiated have little idea of
the enormous sums often expended to
give this information.
This must all be done before those
who have risked the capital can hope to
get back one cent on the investment.
Who would take such risks If when all
this money had been expended to Gre
ate a sale for the improved article,
some one who had not spent perhaps
years to invent it, and not a cent to adj
yertise it, were permitted to enter the
market and offer the identical improve
ment at a price much lower than that
necessary to cover the cost of invent
ing, producing and advertising.
This is a great big country with a
great big government and we have the
biggest commerce, the biggest water
falls, the biggest trees, the biggest
buildings, the biggest parks and every
thing is on a big scale in fact. The
attest of our big things is the biggest
gun in the world, but alas the ordnance
officers of our army take no stock what
aver in the monster 16-inch gun which ,
IS soon to be tried at Sandy Hook. In ,
act they describe it as a military white I
elephant 1t will be tested as soon as j
he ammunition for the trial is ready, /;
md afterWard the emomentous question
If it's disposition will be taken up. No ]
has yet been reached as to the .
pest place to mount the big weapon.
According to some engineer officers |
the best place for the gun is at the s
bottom of the sea. Another thinks
hat the theatrical piece OF ordnance ,
would be more useful on top of the ,
monument than any place ]
,lse. AS the army engineers will de- I
on the location for the dis 1
placement of the 16-inch gun, it will i
10 gathered from these comments that {
hey do not hold it in high favor. An
,ther important thing to be decided is
he style of carriage on which 1t shall
,e mounted. 1t is understood that the 4
ulcers of the ordnance department :
propose to furnish a disappearing car G
iage for the big weapon, but the en- I
,ineers laugh at this and say that it is !
hardly practicable to build carriage of