New-York tribune., 1908-07-12
BRITAIN'S PATENT LAW
NAY BE A BOOMERANG
One Lazcyer in Nezc York Calls 1T
Retrograde Step.

N"~'' WV II
In the midst of pessnnistfc prophecies regarding
the working Of the English patent law whicn
requires that foreign patentee must nant1act-
ure his article British soil. Of optimism
, sounded yesterday by H Van Oldenneel.
senior member OF the firm Of Van Oldenneei &
Schoenlank. foreign patent attorneys. No 3S Park
Row
University Of Utrecht. Holland. in interview
with a Tribune reporter. said he would advise
American patentees. when the time and they
found it improbable to establish plants in Great
Britain. not TO contest the revocation OF their
English patents but to go on exporting their
goods. relying their trademarks and goodwill
to maintain their English market
BY doing he said they would escape pay
nleut Of the increasingly onerous British taxes
foreign patents and would find themselves easily
able 10 undersell local manufacturers Of their
products who would be under the necessity OF
putting their goods out under new name and re-
strfcttng their output TO the comparatively small
English trade
This new law" said Mr.. Van OldenneeI els
merely disguised protection 1t is retrograde step
and will boomerang. II II did accomplish
its purpose-vhich it wont-of protecting the Eng
lish manufacturer by restricting the local market
for foreign patented articles. It would anger the
British public by making It pay increased price
for the articles affected thereby annulling its pres
ent political advantages
The lawyer prophesies that after the revocation
OF parents on q rev popular drLlCleS OF iuIelsH
manufacture the British government will find it
expedient 10 go back its old practice of allowing
such articles 10 be imported with fmpunity- He
points out that the law has already had an
Injurious effect decreasing the number Of applt-
cations for patents filed in EngIand-12s7o between
January and June Is, 1868. compared with
14O5O between January and June 1s 1907
Charles H Duell. former Commissioner Of
Patents and member Of the law firm of Duer War
field & DueI1 No. Rector street has just returned
nd Uhe for two months he has been
trying in vain get mitigation Of the new
law in the interest of American manufacturers
August % is the time limit at which patents more
than four years old on articles mainly or ex-
cIusiveIy manufactured outside the United King
dom may be revoked. Mr. DuelI said the measure
was popular with workingmeu. who expect an in
creased demand for labor result. and with
the growing number Of protectionists In five
years. ne predicted, England would cease to be a
free trade country.
The new law was aimed primarily against Ger
man manufacturers Of aniline dyes and chemicals
At least Of the largest Of these manufacturers
has e1>eady established plant in England In
America those most affected by il are the manu-
facturers typewrtters feel the new law particu-
registers and Of minor inventions The manu-
racturers OF typewriters feI the new law particu-
larry. as their sales in England while appreciable.
not sufficient 10 warrant the founding OF indie
pendent factories apd the training of skilled labor
The Gillette Safety Razor Company and the United
plants. in compliance with the law. on Brit
ish soil
The United States. Mexico and Switzerland. by
convention. the British colonies are about the
only Industrial countries which do not have such
a clause that enacted by England their
patent laws But In the of the other countries
these working provisions were enacted years ago,
when freight charges were much higher and COM
municaton Of every kind much more difficult be-
tween nations than it now that it really
more profitable for the foreign patentee TO manu-
facture his article local soil rather than import
| It But this condition has been gradually re
versed the patent laws have been modified
/ At the International Convention at Paris in 1SS
/ It agreed among the representatives Of the
/ various nations. of which England, that
the importation of patented article into a cOun-
try would invaIidate the patent obtained there
1 in This liberal provision was further emphasized
by the Additional Act of Brussels. in 1900. to the
International Convention at Paris. providing that
/ a patentee could Justify IN the courts the non
working of his patent If it's validity attacked.
| EngIands 'retrograde step caused the ntroduC-
ton of three bills in Congress sast winter with
| retaliation their motive None passed The
/ Commissioner of Patents. it said. desired 10
/ have these measures held of until commission
! could be sent abroad 70 see what terms could be
! made with Great Britain The commission is al
/ ready engaged upon its work.