The sun. [volume] (New York [N.Y.]) 1833-1916, 1910-05-21

CunsluIlsRp - . LaWyss e Many Y,,,
EwrHamea.

once from week 70 week are d.s'ifpf. !,
pecuniAFy vAlns for one or mors Of he nj
LOWING rnaaona:
The lnvanfions claimed IN such p.,,,,.
are Often pE0hihiiively expressive ~ m,S,.
facturo.
Tha INVENTIONS claimed On such psi.,,,
arr ofleA inferior 10 other inveat.os, =.
doing m aAms wuTk. Whieh srs desera.s
IN gKpirsd patents OF arp Otheruss Sp,s
20 tha publi0
M Inventions claimed IN aurh pst...,
are oftan subordinate 10 other nair.,.
under Whlch ncsnses cannot b. ob,siD.i
except az prohlhlilve pricoa. n az al
Ths inventions covered By such uats,..
are 0fesn 90 narrow and Mpeuine that a.,
body acquainted with ne aubiects to uhF.
they relate can eaaily oontriSe moo -.nfrn..
ING suhatituiions thorsfor
The inveUtions covered BY such rs,snh
are often 20 crude thAt they cannot h. n.ds
commercially useful without more erbep.,
than they would be worth when thus I'M.
proved.
The inventions covered BY such pat,,,
though new 10 the painniees are 70 vel
known 70 other people m the United stai,,
that those patentB are void for van, a
novelty
Ths Inventions covered By such pTtsp,
arc shown and described In prior for.irp
patents IN other languages. uhich priog
fogeien patents Fightly operats to hsestirs
the novelty OF American patsntH GfterWard
granted on the sans Inventions.
Such WORTHLESS patents Grp Oftsn v,ld
because the patenteea thereUf rightly ID
=.
after putting their inventions into puhllo
uss or on sails before applying for st,sra
patent Of the United states thereon.
Such sstters patent are a0metimss vold
because the inventor Of the invention CIV.
cred thereby sold half his invention 10 som.-
body slss and joined with The puruA.s,r
In falssly asserting. IN making an applloa.
tion for . patent therr0n. that hs and he
purchaseE were joint inventors of that IN.
vsntion.
such patents are sometimes void because
the sole patentse Was not ths sols invsnloF
Of the invention covered thareby but vas
only a joint inventor thereof with soms-
body else.
such patents are sometlmss VOID bsoaHse
ahe patantes wilfullY made his Epsciacation
mNna HAANN NAAAA ~ NLh.NN
maintain his monopoly By sscrecy ufieP
the term Of HIS patent should have expired
such patents are somstimes void because
the patentees sslhshly and ILLEGALLY appliad
for and obtained two patents differing n
Language but really upon The same invsa-
ton.
such patnnts are sometimes void because
the man Who prepared the HDecinoatioa
and claims thercof was not comDeaens 10
do that wOrk. though he really Euppossd
himself 10 b 80.
such patants arc sometimes though very
rarely void On account Of soms error made
In the Patent onice. though such srrurp
When made nre almost always the results ot
knowledge on subjects where
complste knowledge cannot reasonably
BE- expected.
Half Of the remaining - per cent. o. he
patents which are issued, thOugh thsY
would h. commercially valuable 70 sons
parties arr not commercially valuable 70
the patentees. because the pateniees are
not 40 situated IN life that they can prae-
I - the inventions covered thereby and are
not foftunate enough % get into contat
with parties who Wil buy those patents
or take llcenHes Hereunder
The remaining 10 per cent Of the patents
which are issued Include those which on
b. made % produce revenue by bring nth
lzed by the patentnes themselves and those
which can b. made TO prOduue revenue ~
Licenses Hereunder and those which can
b. made % produce revenue only ~ IT.
ration against lnfrinEemeuts
Those patentz which can h. made n pro-
duCe revenue only ~ lltigations aEainst
infrin gpmeuts comprise about half uf those
which are actually litigAted, The. other half
being thOse which are deieated m ltiga-
Those which are made TO produce revenue
BY litigation do 20, according 10 the present
practice ia petent litigation. oaly ai az
expenditure Of money az least double what
such an expenditure ought % amount %
on the average This excessive eNpenr'-
Iure Il partly due 20 the rules % the COurfs
regulating such ltigation and partly due
10 the patent lawYera conducting sucn ltl-
CATION doing many superhuOus and eE-
Densive things therein. and partly Due
I'M some vases 10 excessive fees charged
and collected by such patent lawyer
those cases In which attempts are un-
succassfuliy made 70 derive revenue from
patents by litigation include casss In which
such lark Of success cannot b. tOreseen hv
the patentees or their attorneys and CASES
IN which such lack of success ought 70 have
been foreseen by the attorneys. Il not by
the paientefs
The dsappointments which inventors
and paieniees meet IN respect OF theT
patents spring partly from the unui-s
81 inventors themselves
In their own inventions and partly from
The selfshness of thOse 20 whom they must
sell their patents or sell licenses there
under In order 10 obtain any revenue thefr--
from: and partly from he unforeseeahe
chances 81 litigation and partly from ~
.ncOmpetence OF their attorneys, ~ com
pared with the superior competence Of ~
ltiuFneys employed By their adversari's;
and partly FROM wrons1 pergeiraied uios
falsely In their lltigati0ns and partly from
be graspiug encroachmenis OF great cor
ooratiOns. trusts aud other wealthy male
IaCtOrs
NV advise 10 al inventors. when asief.
Includes tho follow ing PARTICULAR:
Never apply for any Onited states patent
on any invention except where carers
and Investigation iudigal-
! clear probability % being ahle o. DERIVE
revenue from that pateni u granted
Never apply for any for eign patent %
any American invention under any cfchm'
ltnnce~ Whatever
When about 70 apply for United STATS
pal ent on an American Invention do NOT en-
lloy any stranger TO prepare and prosecule
NAT app cation until after q personal ~
ervisw or other reliable evidence canssss
lear opinion that the person employer
both competent and candid
Never attempt 90 circumyent ne paien
avs by trying 10 get patent 10 any ."et"-
mate way
Never make any contract for the sale Of any
patent or the sale % any license under all
patent except IN writing and never nahs
my such contract except one WIN
written BY some lawyer or other eompetsn,
perROn other than the party purchasing ths
patent or the license
Never bring any suit for any iniringeinenl
81 any patent AGAINST anybody e1cepi ~
ne advice Of some conpeient patent ~
arHaanamfmmAH hta hTrHNnNaa and nnu -
~ I'D upon not 20 make excessive chafsrs
BE- incur unnecessary expenses
Remember a. all times that the maAiaA
md developing % Inventions Will 49,
lmong the most useful are also auloaa -
II N avery alfriaft0n and ameFRancy reIeraai