The Birmingham age-herald., 1912-06-09
IS NO NEED FOR NEW PATENT LAWS
Agitation Now Is for Politi-
 cal Reasons
GESTURES BUSINESS
Patent Attorneys and Other Authori- ties State No Necessity to Con form to Chief Justice Whites
 Dissenting Opinion
By SIDNEY EsPEY

Washington, June S.-(Special)-Paten attorneys practicing before the patent of fee give 1t as their view that there is no necessity for Congress to revise the patent laws in conformity to the dissenting opin- ion expressed by Chief Justice White of the supreme court of the United States in the Dck-Henry mimeograph case. Law makers in Congress. however, have been hunting through musty law books and generally stirring up agitation in an at tempt to recodify the federal laws along the line suggested by the chief justice. so as to make it impossible for company to control auxiliary supplies necessary to the complete patented article.
 The reason assigned for not revising these statutes. according to those whose profession is the practice of patent law, Is that the majority of opinion of the su- preme court has been the recognized law of the land for the past 15 years.
 The National Board of Trade, the oldest of the trade organizations of the coun- try and the only one exercising a nation wide Influence. is also opposed to any rad ical changes In the present law. It's reason Is that any change in the general commercial and trade conditions would violently disturb business and cause a loss of hundreds of thousands of dollars annually to manufacturers of patented articles.
 The board believes that there is no real demand for a radical or general amend ment to the patent laws and that the present agitation Is being carried on for apparently political reasons and without proper regard for the equities involved.
 In speaking of the matter one of the most prominent patent attorneys of the country said;
 When 1t Is recalled that there are near ly s750.000000 invested in patented arti- cles in this country, which might be d- rectly affected if radical legislation were enacted, it would seem that good sense or Ill considered legislation should be tol- erated. Big concerns with millions of dol lars behind them are engaged in the sale of patented articles and are not seeking to control the articles that go with the patent, but if legislation were enacted, as some have suggested, these businesses would be ruined.
 "The statute of monopolies came over in the Maynower with the Puritans and V Massachusetts granted the first patent to John Jenks for scythe, they provided that no one else should make that scythe unless it was different from the one made by Jenks The same keynote is in the constitution and was in the first patent law adopted by Congress in 179o and has been present In every succeeding patent law of the United States That Is that the patent law of the United States is not intended for the creation of protec- ton of manufacturers. but 1t is intended to encourage inventors to immediately disclose inventions so that a patent may be granted and that the public may then have no record of the disclosure of that invention.
 Today the concerns which are combat ing the great combinations successfully are those which are protected by the patent law. But for the pateut law there would be but one printing press company. one typewriter company. But for the patent law the monopoly of wealth would be complete and the opportunity of in- ventive genius now protected would be hopelessly stihed."
 The National Board of Trade has this to say:
 "ln an intense political desire to bind or restrict combinations, all kinds of sug- gestions have obtained favor and all kinds of means are embodied in bills now pending in Congress to correct these al- legged evils.
 Looking at these bills as a whole, it is apparent that while many of them would in small measure reach some of the combinations, all of the bills would inevitably operate to the injury of the thousands and thousands of concerns in competition with these combinations. IL would therefore seem 10 be the part of wisdom 10 resist any effort to amend our patent laws under the stress of agitation Al least a commission should be appoint ed to consider the subject before any hasty legislation is consummated The manufacturers of patented articles throughout the country should be given an opportunity to express their views upon this subject, which is so far reaching in character"
 Tn this connection 1t is interesting 10 note that the patent laws of England and Canada are in effect tariff laws while the patent laws of Europe are revenue Ia WIS, all directed against the American inventions. Their provision with respect to 'licensing," working and taxation" are purely selfish and have nothing of the broad spirit of the patent laws of the United States. While there is selfish spirit in our patent laws it is on broader principle and is intended to encourage the useful arts and sciences within the United States
 Today the patent office is filled with the records of inventions which have estab- lshed new industries and which have benefited the public nightly There arc hundreds of arts today whose original creation was due to the incentive inven- tions and inventions which would have been blocked if any restrictions were placed upon the unlimited patent rights authorized by the constitution.
 Yet 10 officials of the patent office and of the department of justice as well as to members of Congress- the Dick de- cision seems to demand that a revision of the laws must be made. They point out that when the patent laws were first made it was not intended that a monop- oiy should be fostered and nurtured by the government. Under the Dick decision these officials hold the United States be- cones a party to gigantic monopolies.
 So the conclusion has been reached that further legislation modernizing our patent laws should be speedily brought about by Congress in order to prevent corporations from building up oppressive monopolles. Comfort for Joseph From the Woman's Home Companion. Joseph was lamenting the fact that he had received a "B' on his report card.