New-York tribune., 1909-03-18
on P4TENT PROTISION.
Expert Thinks RetaliatOry Lcgisld-
fiOn at This Time Cn1UisC

srAsk,nr or the provision OF the tariff bill that
alien pateutees be under the same requirements
that are imposed American patentees in their
respective countries, Charles II. Duell said az his
home at No. s35 West End avenue. last night, that
in his opinion it unwise at the present time TO
enact any retaliatory legislation.
Mr.. Dueu was Commissioner OF Patents IN the
Mckinley administration. and appointed by
President Roosevelt associate justice OF the Court
Of Appeals OF the District Of Columbia which has
appellate jurisdiction the Patent Office. He
has for thirty years practitioner before the
United States courts in patent cases. and went
abroad last summer in the interests OF American
patentees In an attempt to have the English gov
ernment modify its requirements that patented in
ventions be manufactured in Great Britain
Until the exact provisions OF the clause Of the
revenue BILL introduced into tho House to-day. re-
Iating to alien patentees are known, hesitate TO
express any strong disapproval Of their general
requirements Mr.. Duel continued.
with scarcely exception European patent laws
have required all patentees-natives or aliens
work their inventions within brief period after
of their patents 10 forfeit their patent
rights. The United States patent laws do not 50 re-
quire and IN my opinion. the berality OF our pat
ent laws has stimulated invention
Inventors are very often men OF limited means.
and majority Of the great inventions have been
made in advance OF their seeming need. Further II
is cry from the first crude device to the
perfected commercial article. and consequently very
often the patent for the basic idea would have been
forfeited before the commercial form was ready for
the market had the requirement OF early working
been in force. Anything which puts tax on IN
yention hampers the inventor, II - tax on
brains
Mr.. DueH said he favored the efforts made by
the State Department to negotiate treaties with
foreign nations releasing our patentees from any
requirement to manufacture or work their inNen-
tions escape forfeiture. Such treaties have been
negotiated with some European countries and he
believed he said, that all nations might be induced
TO enter similar treaties with
II a believer in the homely saying that more
flies be caught with molasses than with vine
gar" he said In the early days treated
aliens in different manner than we did citizen
inventors. Later all treated alike, and
with benefcent results
Since August. 1903. owners of English patents
have been, under certain conditions required to
manufacture the patented articles Great Britain.
Efforts made last convince the
English government Of the unfairness Of the
quirement inventors. and Ambassador
Reid. acting under the Instructions of State
Department made every effort to except American
patentees from the requirement 1t is protective
step which any country has a right 10 take, and
England is turning toward protection"
It was repeatedly said him last summer in
London, Mr. Duel added, that the new English
patent law was the most popular measure enacted
by the present government He believes however,
that with the provision requiring working elirni-
mated by treaties between the other commercial
nations England would join the procession
without reading and carefully considering the
clause referred to, naturally hesitates to ex-
press an opinion the extent It's provisions can
affect patents already issued Mr.. Duell said.
Congress can doubtless legisate quite generally
upon the subject"