The San Francisco call., 1910-05-02
FAIL TO
PROTECT INVENTOR
Infringements Are Easy and
Profitable and Punishment
Difficult and Costly

Those who have had no experience
with the patent laws of this country
fondly imagine that every inventor
who takes out patent is fully pro-
tected against the infringement thereof
Tor 20 years, more or less. The whole
power of the government, it is gen
orally believed, may be invoked to in
sure to the inventor and patentee the
title to the sole right to manufacture
and sell, and all the profits accruing
from the invention upon which the
government has issued a patent.
Experience proves that these SUPPOSE
uons are SO far from the facts that
many inventors decline to apply for
patents, unless they are backed by large
capital, for they hold that the taking
out of a patent is notice to unscrupu-
lous infringers of another opportunity
Tor them to prosecute an illegal busi-
ness with profit and safety, says the
Newark, N. j., News 1t seems to be
safer and more profitable to infringe
a patent than to take out and defend
1T against infringement.
LITIGATION PROVES COSTLY
Congress is authorized, by the consti-
tuition, ito promote the progress of
science and useful arts, by securing for
limited times, to authors and inventors,
the exclusive right to their respective
writings and discoveries" Yet as soon
as valuable patent is issued it is al
most invariably infringed. And then
the inventor is forced to go into court,
generally at great expense, and prove
that his patent is valid. The govern
ment has issued the patent, but the in
ventor must defend it.
10 &c nd n
fringed a thousand suits may be neces
sary to stop the infringements, and it
happens very frequently that the in
Ventor has no money with which to de-
fend his patent against many or
wealthy infringers and is obliged to
abandon the suit and to lose all the
time, effort and money he has devoted
to his invention.
INFRINGERS SECURE PROFITS
This ought not to be so, but so it is,
and there is still another phase of the
matter quite as unjust. Suppose an in
ventor wins his suit and proves in
fringement. He is then required to
prove the sales made by the defendant
in order to receive the profits thereon.
But he can never prove all the sales.
1t is an absolute impossibility. The in
fringer still has all the profits of the
improved sales and enjoys them with
out punishment for his piracy.
So safe and so profitable has this
piratical business of infringing patents
and trademarks become that lawyers
make a speciality of seeking weak
points in patents, and infringers are
constant yon the watch for opportuni-
ties to unlawfully initiate patented ar
ticles, take advantage of the inventors
good name and advertise and undersell
him in the market, thus running him
with his own goods.
NEW LAW Is PROPOSED
To check this business and to insure
to investors and patentees the rights
which the government is authorized to
award them, a new law has been de-
vised and is being strongly urged upon
congress In substance this bill pro-
vides for competent and thorough
bureau of research and disclosure,
which shall establish a definite record
. and fixed status of all inventive and
operative elements in the liberal arts
known in the United States.
Under this new law, when a patent
is applied for, full and complete search
of the records is to be made. If the
inventor is entitled to a patent it will
be issued to him, and instead of being
compelled to institute many and costly
suits to defend it from infringement
he will be able to proceed against in
fringers in large numbers, all over the
country at small expense. At present
thousands of patents issued by the pat
ent office lie dormant, a loss to the in
yentors and to the public, and these
conditions will continue till the patent
laws are revised amended and i'm
proved so as to afford real protection
to inventors.