New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1910-03-20
TO AVERT PATENT WAR
Some Reasons Why Present rr.as,
with Germany Should be Mainsaip.d

As told IN the cable dispatches dur',x a..
past week. the syndicat GsnsraIs d "a.
alton. % France. has decided % brl.x ~,
against the Wright Brothers with a.
to depriving them % the privileges ts.v
Joy under a French patent taken On !.
1894 The chances OF this suit bsinxr.
cessfUI depend upon the fact tss
France all patents must be exploits
that country within three years fro- a.
date OF their issue.
This case a. OF particular interest ara,
time. when Germany - growing rssi,su..
der the treaty entered into last year ma.
the United States for mutual pateu, -
lection. Influence Is being brought 10 -.
on the German government 20 induca 4. !.
cancel the present agreement. There h.
even been talk IN some quarters az 4
patent war" the agitation concerning 4.
self with the same question that T. a.
turblng the French makers o. aero1la-s,
the actual production or patented ar,icl..
The treaty with Germany has proved N
be OF great benefit % American manufs-.
urers and inventors. Briefly. Il provis.,
that the citizens Of both nations NAV a
cure patents IN either country and recs,-
the full protection that would be accors.s
them under their own respective laws. N,
practical operation OF the treaty. hoWsvs
has been. TO some extent. a disappoint1s-,
70 the people Of Germany. II has ,b..,
found that the American patent laws A..
less stringent than those Of Germany. /.
that they do not at present contain uss
IS known as a working clause" Tfsff
20 say. the right 70 any given lnyenf~l
may be established I'm this country an N
patent secured without the inventor bssl
obliged TO manufacture the article al
protected. In most European countries. n
GLIDING Germany. on the other hand II,
patent expires within a certain number n
years unless a stipulated amount Of man
featuring is done within the borders OF M
country or It's possessions.
Under the treaty OF 1893. therefore
American inventor may secure a patent
Germany and do his manufacturing IN q
United States. or he may allow the ps
ent TO lie idle IN both countries. the ser.
being his privilege under the laws Of d.
United States. The German feels hirssr
az a Disadvantage. because he must OIL
the working clause on every patent o.
tanned in Germany.
A recent decision Of the German 8
preme Court confirmed the title 10 i-|
patents obtained by an American conps-
IN Germany covering the manufactuTs n
goods produced only IN the United S,s,a|
While this was obviously the only scr
the court could take In view Of the Ca
terms OF the treaty. the incident has On
much toward making the matter Hvl-
issue IN Germany Manufacturers IN al
country are beginning 70 voice the ODl-ir
that the treaty should be revoked.
Manufacturers here would naturally CO
slider such action on the part Of Gsrrs-
a calamity Rather they want sm
treaties with other countries negofs,s
and a wider field provided for Ams-r1
enterprise. II Is admitted however, ~
this can only be achieved By a trU
minded spirit OF compromise. G-.E
Britain refused recently 20 conclufs
treaty with this country on account
the absence OF a working clause in U
patent regulations. and other nations Wi
be likely 20 make the same sort Of r
Spouse. Unless we fall into line and r
quire actual production from our hls
tors. not only will there be danger a q
abrOgatiOn OF the present treaty with G.
many. but the concluding OF other trss.
may be rendered impossible
To meet this situation a bill vas q
mitted TO Congress on March 3. rk
Representative CuTrier II provides Or
amendment 20 Section 4920 OF the ~
governing patents. and has been frl-.
with a view 20 making no unreasolf
eXactiOns upon American inventors q
manufacturers. II IL becomes law. thst-
patented or the product OF the pais1
process must be supplied mainly by IA +
facture carried on within the United 50
or its territorial possessions. unless On
wise permitted by a special treaty. ~
years Is set as the period 81 time VT
which an invention would have 70 b q
plotted. which apprOximates 10 the pai-
regulations Of other countries.
Representative Curriers' bill when
known as House Bill $751; will cons
FOR action soon. It's advocates Zee e.
ident OF its adoption and say that
meet with the approval 81 the ssni
where a similar bill awaits action.