The Washington times., 1910-01-29
A WAY OUT OF THE WILDER
NESS FOR PATENT LAW.


IF YOU own a patent and believe It
10 be infriuged YOU must sue the Of
tender in the United States Circuit
Court. You choose that court according
10 the place of the infringement OF the
place OF sale. OF the apprehension Of
the Tnfringer. If YOU win your action,
the respondent may take an appeal to
The United States Circuit Court Of
Appeals for that Federal circuit II,
then. you win again, YOU would proba-
oily feel-ss appeals in patent causes
do not 90 beyond this court-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 10 protect a right granted you
br the United States Government The
iufringcr 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 ali Proba-
L5Iity carry Your case upward TO the
circuit court of appeals as before The
iufringer may then move again Your
only safcty-save in extremely rare
Instances where appeals have been al
lowed 10 the United States Supreme
Court-will lie IN carrying appeals to
each of the nine circuit courts Of ap-
peal
The situation Is ha3dIy less than out
rageous- For a vast aggregation Of
property rights. comprehending literal
~ uncouuted millions, there Is no COM
plete legal defense save at a cost in
money time. and tort, beyond that to
which the owner Of other forms of
property Is subjected. And there Is
practically no inality 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,
thc Bar Association OF Chicago. and
The Bar Association of the District OF
CoiuHbsa joined forces IN its behalf.
Il Is safe to say the owners of the vast
1nslority Of marketable American
products now protected by patents
were thus represented
The plan Is to establish a new court,
10 he known as the Patent Court Of the
United States. and 10 become not only
the place of appeal from the Federal
circuit courts wherever action may be
brought for infringement, but a court
of final iUTisdictiOn-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 establishment
OF some such court has been already
set forth. But It Is well to state the
advantages IN the form of advantages:
The appeals viii then be heard by
court specially qualified.
The calendar VIII permit Of speedy
trials
4 judgment VIII prevent infringe
ment IN all nine Federal judicial dis
5riets instead of in one only as at pres
ent
Conflicting judgments will be impos-
sible.
What Is practically a supreme court
OF patent law VIII then exist where
now there Is practically no fnality Of
judgment.
This bill OF some such bill, should
pass at this session The Congressional
committees should place it at the head
OF their calendars. II 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.