Evening star. [volume] (Washington, D.C.) 1854-1972, 1903-04-22
LAW NOT APPLICABLE
PATENT ATTORNEYS NOT ASSESS
ABLE AS CLAIM AGENTS.
Opinion Of Assessor Darneille In Re
Spouse to Protest Of Local
Association.

n1r. j. II. Whitaker, president OF the
Patent Law Association of the District.
has presented to the Commissioners a pro-
test on behalf of the association against
the imposition of a license tax as claim
agents against patent attorneys. The pro-
test is the result of recent meeting OF
the board Of managers Of the association
when the officers were directed to take
the matter up with the local authorities.
The tax on claim agents as fixed by the
license clause in the appropriation act of
July 1. 1902, is $25. The association de-
clares that persons prosecuting applications
before the United States patent office and
not engaged in the prosecution of claims
against the United States government or
the District of Columbia are not "claim
agents." as contemplated by the statute
referred to-
THE members of this association" writes
the payment Of any authorized or just
taxes imposed upon them, but they insist
that the language of the statute was not
intended to. and does not, apply to it's
members, except as to such of them, If
there be any, who are also engaged in
prosecuting money claims against the fed
eral government or the District Of Column
bia. 1t has been held on several occasions
by the Secretary OF the Interior, under the
advice of the assistant attorney general for
such department. that attorneys practicing
before the land and patent offices are not
claim agents.
The Laws and Restrictions.
Mr.. Whitaker forwards copy of circu-
lar issued by the Interior Department re-
citing the laws and regulations governing
the recognition of agents, attorneys and
other persons representing claimants before
the department. In the printed regulations,
paragraph especially covers the question
involved and expressly exempts patent at
tOrneys. The patent laws 1t is recited, pro-
vide that the inventor may apply in person
or by his duly authorized attorney to take
out letters patent, to which he is entitled
under the Constitution
when the inventor is represented by an
attorney" continues the president of the
Patent Law Association, ''such attorney oc-
cupies the same position the inventor would
If appearing in his own behalf. The grant
OF a patent Is in no sense the delivery to the
inventor of the proceeds of claim against
the government. The patentee takes moth
ing from the government which was its
property or is of any value to it. The grant
Of a patent is in the nature of contract
between the government representing the
public. and the inventor, the purpose OF
such contract being to secure to the in
ventor for a limited time the exclusive
rights and benefits of his invention, and
secure to the public the benefits resulting
from the progress made in any particular
art as result of the patented invention.
1.-THE attorney who represents the in
ventor co-operates with the representatives
Of the government in perfecting the con-
tract between the government and the in
ventOr. The inventor Is not a beneficiary OF
the government, but on the contrary the
government. representing the public, is the
beneficiary of the inventor"
The Assessors Opinion.
Upon the receipt of the communication,
the Commissioners referred the matter to
Mr.. H. H. Darneille. the assessor, who is
charged with the enforcement of the license
laws. Mr.. Darneille has decided that the
patent attorneys are not taxable and the
Commissioners have approved his position
Mr.. Darne1lle says no definition of the
phrase claim agents" is given in the law.
I'm the opinion Of this Office" he con-
tinues, lit was the intention of Congress
to confine the imposition of the license tax
In question to those persons engaged in the
business Of prosecuting claims for Others
l do not believe it was the intention to APP
ply this paragraph of the law to bona fide
patent attorneys, or attorneys practicing
before our courts. Persons confirming their
clients, are not claim agents, because pat
ent is simply restriction placed by the
government upon the manufacture of a
specified article in order to encourage in
Ventlon; and is, under the law, more in the
nature of right sought by the applicant
than a claim. I do not believe that pat
ent or other attorneys should be required
to pay the license tax in question II they
confine their business to the legitimate
are not engaged in the business Of prose-
cutting claims for others