The Washington herald., 1910-04-15

Feeling the patent system, as well as
his profession. has been unduly criticised
from a source from which it should be
least expected. Arthur p. Greeley. for
merly Assistant Commissioner of Pat
ents. has issued the following statement
in reply to an interview by Commissioner
OF Patents Moore:
"The statements by Commissioner
Moore which have caused newspapers
comment. are: L have said time and
again that these patents issued-the ma
jcrity OF them. 1 mean-by the United
States government are not worth the
paper they are written on. We are hand
ing out to-day in 80 per cent Of the cases
patents that are almost worthless in
whole or in part These remarks, made
before the House Committee on Patents,
were accompanied by a comparison be-
tween the British and German systems
and that Of the United States Patent
ONCE. highly unfavorable to the latter.
Small Amount Invalid.
How does the commissioner know?
Has he personally investigated the S7.421
patents issued last year? Has he any
other authority for his statements? The
court records indicate that of the small
number OF patents on which suit is
brought and carried to final hearing less
than 30 per cent are held 20 be I'm any
part or respect invalid. This includes all
that are held TO be invalid even as Il
a single claim. The 80 per cent never
passed upon by the courts are legally
presumed 10 be valid.
Has the Commissioner any evidence 10
rebut this presumption as 10 GO per cent
OF these. or 10 per cent. or as to any at
all? Coming from the titular head of the
Patent Office. the statement as TO the
co per cent must be intended TO be taken
seriously and to carry weight II Il
were so taken it would impair the value
OF patents and Of property represented
and protected by them to the extent OF
millions, and would. in its effect on many
interests. be as disastrous as Wall
street panic.
But are the utterances Of the commits
sioner on these points 20 be taken seri-
ously? II not. can they be so taken on
any matters involving the Patent ONCE.
OF which he is in charge? Can any OF his
public statements be taken seriously?
Reflects on Examiners.
The commissioners language reflects
directly upon the efficiency. not only OF
the system. but Of the examining corps
itself These men are not in a position
10 defend themselves. AS assistant and
acting commissioner, I found the exam
iners almost without exception. capable
and conscientious men. In frequent. al
times almost daily. professional contact
with them since my retirement from the
Office I find them the same. It is true
that. with the best efforts Of the examln-
ing corps. IL may and does occur that
anticipating references often because
they are not accessible. are not found
and that IN consequence invalid patents
are issued But this is the exception. and
there can be. no doubt that the presump-
ton Of validity is warranted in the vast
majority OF patents.
IF the commissioner has any facts 70
warrant his statements. why has he not
been using them to prevent the issue Of
invalid patents? Is ne. as a matter OF
fact in as good a position TO form con-
illusions on the subject on which he
makes these sweeping statements as any
one Of the many practitioners who have
had frequent occasion to attack or de-
fend the validity of patents in the courts
or 70 examine and pass upon the validity
and scope OF issued patents on behalf OF
clients? He is absolutely without that
sort Of eXperience-an experience that IS
worth far more in forming an opinion on
the point in question than his. mere Pat
ent Office service.
No officer "ApprOnched."
With reference TO another statement
of the commissioner I may say that
throughout my whole sixteen years Of
service in the Patent Office I never knew
or heard OF a single instance in which anv
examiner or official OF the Patent Office
was approached or I'm which any in
fuence' was brought 10 bear on the ex-
aminer or official other than by proper.
though perhaps urgent presentation. Of
facts and arguments
The board Of managers Of the Patent
Law Association Is referred 10 by the
commissioner as "A handful OF attorneys.
The members or that board are men OF