The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1910-01-29
A WAY OUT OF THE WILDER
NESS FOR PATENT LAW.

If YOU own a patent and believe 1t
10 be infringed YOU must sue the Of
fender in the United States Circuit
Court. You choose that court according
10 The place of the infringement, OF the
place OF sale. or the apprehension Of
the infringer- If son win your action,
The respondent may take an appeal to
the United States Circuit Court Of
AnDeais for that Federal circuit II,
then. Won win again, you would Proba-
DIV feel-ss appeals in patent causes
do not 90 beyond this COuTt-that
YOUR title was clear and the infringe
ment stopped.
Instead, YOU may be only at the be
ginning of an almost interminable liti-
CATION to protect a right granted you
br the United States Government The
iufrineer may. and often does, set up
IN business in another Federal circuit
You must then sue again in the circuit
court for that district, and in all prOba-
biIity carry your case upward to the
circuit court Of appeals as before The
iufTinger may then move again Your
only safctv-save IN extremely rare
Instances where appeals have been al
lowed 10 the United States Supreme
Court-wiH lie IN carrying appeals to
each of the nine circuit courts Of aP-
peal
The situation Is haHdly less than out
lageous. For a vast aggregation OF
property rights. comprehending literal
j. uncounted millions. there Is no com
p'etc legal defense save at a cost IN
Inorev. time. and tort, beyond that to
which the owner of other forms of
property l. subjected And there Is
practically no fnaIity Of judgment
whatsoever
To remedy this situation a bill was
urged yesterday before the Senate
Committee on Patents. Representa-
-ivcs Of the American Bar Association,
tic Bar Association Of Chicago. and
The Bar Association of the District Of
Coiuu1Bzs joined forces in its behalf
II Is safe TO say the owners OF the vast
InSiority of marketable American
products now protected by patents
were thus represented
The plan Is to establish a new court,
TO he known as the Patent Court Of the
United States. and to become not only
the place OF appeal from the Federal
circuit courts wherever action may be
brought Tor infringement, but 8 court
of final iITisdictiOn-save IN the rare
cases where. as now, appeal VIII lie to
The Supreme Court. According to the
bill, this court viii sit IN Washington.
But the place Of its sessions Is OF lesser
Importance.
Need enough for the este blishment
OF some such court has been already
sci forth. But It Is well to state the
advantages IN the form Of advantages:
The appeals VIII then he heard BY
court specially qualified.
The calendar viii permit Of speedy
trials
A judgment viii prevent infringe
ment IN ali nine Federal judicial dis
triets instead Of in one only as at pres
cut.
Conflicting judgments viii be impos-
sibIe.
Whst is practically q supreme court
Of patent law viii then exist where
nov there is practically no fnaGty of
judgment
This bill, OF some such bill. should
pass at this session The Congressional
committees should place 1t at the head
Of their calendars IF the army of in
ventors and the corps Of patent law
yers OF the nation are alive to their
Own interests, they viii press the need
for this action directly upon the at
tention Of every Senator and Repre-
sentative they can reach