Wauwatosa news. [volume] (Wauwatosa, Wis.) 1900-1948, 1903-04-04
AMEND PATENT LAWS.
to Which They are Entitled
Under Convention.

At different times we have referred to
the proposed amendment of the United
States patent statutes, which viii Per
nit foreigners to file their United States
patent applications during the year fol-
lowing the filing of the home application.
While this is the most important amend
ment which appears in bin No. l1,OS5,
which passed both Houses Of Congress
and has been approved 10y the President,
several other striking changes in our
patent statutes will be made.
The general spirit Of the amendment is
to give to foreigners uli the protection
To which they are entitled under the ar
tlclcs of the international convention.
The amendment of Section 1887 of lhe
United States Revised Statutes will not
only extend the time in which foreigners
may file their patent applications in the
United States patent office, but AN addl-
tionul paragraph will be added 10 this
section which will provide that when an
application is filed in the United States
by any person who has previously flied
an application for a patent III II foreign
country which by treaty convention. or
law. affords similar privileges 10 citizens
of the United States, the application IN
the United States shall have the same
force and effect as though it were filed
in this country on the date On which the
application for n patent for the same
invention was first filed in such foreign
country. The effect or this amendment
will he far-reachng, as for instance in
Interference cases, where the foreign i'll
vcntor may claim the date of the ming
of his first foreign application, for all
purposes, as his date of filing in the
/. United States patent office, although the
actual filing of the application papers
in the United States patent Office was
not made until nearly year after such
date. Under the amendment. foreign IN
ventors will be obliged to file their appl-
cations for design patents within four
months of the filing of their first foreign
application.
Section 1902 of the revised statutes
will be amended 80 that il will bc posi-
hle for foreigner TO file cayeat Tn
der the present law, only citizens of the
United States and foreigners who have
declared their intention Of becoming citi-
zens of this country are able 10 take adj
vantage of the provision of our laws
which provides for the filing of caveats
in the United States patent office.
Every patent attorney who has re-
ceivcd many applications from foreign
inventors must at times have had diff |
Guilty in filing the applications in the pat !
cnt office because Of the fact that the /
official holding Il commission under the I
government Of the United States, rs in
many cases al oath made before a mo- /
tary public Of n foreign country was not /
accepted by the patent office officials, /
and this although the present statute /
provides for taking odths before notaries |
public i'm foreign countries. In many /
cases foreign inventors nre Obliged to
travel considerable distance in order /
to have the oath made before an official |
acceptable 20 the patent office. II is /
also now necessary to 20 TO considerable /
trouble anG expense to have ancilIary |
letters Of administration issued in the |
United States when foreign inventor
dies, for the United States patent office
viii not recognize q foreign executor or
administrator rs an applcaut for "a pat
ent. The bill nOV before the United |
States Senate oyefcomcs these Difficult /
ties by permitting foreign executors and |
administrators of deceased inventors 70
file patent Applications IN th" United |
States. II is also provided that an oath !,
may bn made in a foreign country before
Il notary public. Judge or magistrate hav-
ing an official seal and authorized 10 adj |
minister oaths IN the foreign country. |
whose minority shall be proved by 81 Ger
tifcatp of n Diplomatic or consular officer |
of the nitcd States
The importance Of this bin has per
hans been uudprestimatcd 1t il con !
.idercd. perhaps, by those who have not |
investigated it's meaning and do not un-
dcretand us spirit. that ~ it provides for |
expanding the privileges u the patent !
laws as affecting foreigners, If is Of com /
paratively small Importance, hat il means /
far more than that The failure 10 pass /
the hill lay Congress would be an act Of |
bad faith toward the other ~iguatorieS Of |
the international treaty The United |
States has entered into contract or /
treaty with certain other powers This /
treaty is not operative within tho United /
States. although il has been ratified 10y /
the Senate and signed by the President f,
for he reason that the patrnt-iaws haze !
not ueen 80 modified rs to conform 10 the /
terms of such treaty
Under the existing conditions the for /
eign members Of the international con
yeution are extending to citizens Of the !
United States certain rights and
privileges which the United States /
under the present patent laws re-