The Washington times., 1903-09-06
Organization of Tribunal Pro-
posed by American Bar
Association Generally Fa-
VOred by Lawyers.
PRESIDENT TO APPOINT
PRESIDING JUSTICE
Other Six Members to Be
Selected by Chief Justice
of United States From
Circuit Courts for Stated
Terms.

Well Informed persons assert there Is
no doubt that Congress will act favor
ably on the suggestion and petition of
the American Bar Association and create
a Court of Patent Appeals The neces-
sity for the organization of such a tri-
bunaI TO consider and dispose of all
htigations growing out of disputes con-
cerning patents and copyrights was for
chilly presented by the committee on pa
tents, trademarks and copyrights at the
meeting Of the Bar Association at Hot
Springs, Va, last month.
II is proposed that the new court shall
be composed OF seven members, and have
permanent home in Washington, D. {.
The head OF the court shall be desig-
mated an president Judge" instead of
chief justice, the title of the principal
officer OF other legal tribunals in the
United States
The president judge is to be nomi-
mated by the President of the United
States, and the other six members Of
the court by the Chief Justice of the
Supreme Court of the United States.
The president judge shall hold office
during good behavior or until he reaches
the age of seventy years. when he shall
be retired on full pay.
The president judge shall receive a
salary of $4,000. and the associate
judges S11, 800 annually.
Composition of Tribunal.
The proposed legislation providing for
the establishment of the court sets forth
that the Chief Justice of the United
States shall designate in writing two
Judges of two of the circuit courts Of
the United States to sit as associate
Judges of the United States Court of
Appeals for two years and two other
judges of two other circuit courts
of the United States 10 sit as
associate judges OF the same court for
four years. and two other judges of two
other circuit courts of the United States
TO sit as associate judges of the same
court for six years. After that, as the
periods expire for which such desig-
nations shall have been made, the Chief
Justice of the United States shall fill the
vacancies occurring by designation of
OlutI yuuECS u NAANLAN NoLA - VI SAAS
United States to sit for periods of six
years each.
No Judge shall be designated to sit as
associate judge in the United States
Court OF Appeals for more than one pc
riod of six years continuously.
Whenever any case shall have been
certified from the United States Court OF
Appeals to the Supreme Court OF the
United States. by certiorari, or other
wise, il shall be, upon its determination
by the Supreme Court, remanded TO the
circuit court OF the United States OF
other court or tribunal in which it origi-
mated for further proceedings to be TAX
en- in pursuance Of such determination
Transfer of Cases.
All appeals and writs of error in cases
in which appellate jurisdiction is by tn,
proper legislation conferred upon tn,
United States Court OF Appeals, which
shall have been pending without hearing
in the United States circuit courts o.
appeals, for six calendar months prior
to the taking effect Of the law. shal
be transferred from such circuit courts o
appeals to the United States Court o
Appeals. and be heard and determined
in that court as though they had beer
taken there from the trial court by ap
peal or writ OF error.
The report Of the committee on pat
ents. trademarks. and copyright. whicl
was submitted TO the American Bar AS
sociation by Messrs. Edmund Wetmore
r s. Taylor. Arthur Steuart William c
strawbridge, and Lysander Hill, says:
The present system is a breach o
faith on the part of the Government to
ward both patentees and the public. Tn,
Constitution and the statute recognize
the right of property in inventions
They authorize the granting of patents
vesting title in property. The title rest
on the grant. 1t exists legally only b.
force Of the statute. II is OF value onI,
as IL Is supported by the law and by tn,
courts Without courts sufficient Il
number, Jurisdiction and organization 4
uphold the patentee's rights, whereve
they may be invaded, the grant Is in eff
feet a fraud on the grantee. II is
short-lived grant. Relief against thos
who disregard IL must be prompt. o
IL will be inadequate. 1t is a case il
which justice delayed is justice denied.
Invalid Patents.
1.-The people are commanded by tn,
law to respect the rights OF patentees
They are charged with knowledge OF tn,
law. and Of the existence and content
of patents. They are bound to knov
whether a patent is valid or not. Al
invalid patent is wrongful grant to al
Individual OF that which justly belong
10 the public. The decisions of tn
courts OF last resort show that more thai
half OF all the patents litigated are in
valid. To allow the holder OF an In
valid patent TO terrorize the communit!
by pretenses. threats. and suits with
out putting within the reach OF the pub
lie the means of exposing the faisity o
the pretenses and the invalidity OF tn
patents promptly and effectively is