The Washington herald., 1912-08-09
0LDF|ELD REPORT
.FLAYs PATENT LAW
Recommends Sweeping Changes in
Present System-To
Balk Trusts.
MEASURE BEFORE THE HOUSE

Changes of far reaching importance in
| the patent laws of the United States are
provided in the oldheld bill favorably re-
ported yesterday by the House Commit
tee on Patents. Representative Oldfield.
author of the bill, is chairman of the
patent committee. The proposed legisla-
ton is designed partly to meet the situa-
ton that has arisen through the recent
Supreme Court decision in the we'll
known Dick mimeograph case.
The Oldfield report says that the patent
laws have remained practically unchanged
since the revision of 1870, and that there
is now a widespread dissatisfaction with
them, owing to their failure to conform
to the industrial needs of the present
time.
The bill provides that every patent shall
be limited TO nineteen years from the date
of fling the patent, exclusive of the time
actually consumed by the Patent Office
or the courts in considering 1t. The COM
mittee explains that this legislation is
necessary because of the procrastination
that has become proverbial on the part of
applicants for patents, with the practical
effect Of prolonging the duration of the
monopoly.
Against Price Fixing.
Another provision of the bill prohibits
a manufacturer from bringing suit for
infringement of patent against the
dealer who sells the manufacturers goods
at a less price than that fixed by the
manufacturer as retail price This
section has been opposed by manufac-
turers all over the country.
The committee on patents contends that
the bill if enacted will prevent power
full trusts and combinations from abusing
the patent privilege and will also open
competitive markets for invention and
provide opportunities for utilizing them.
The committee also recommends rad
ical changes in the administration of
the patent law and in the method Of try-'
ing patent cases The committee holds
that the evidence in patent cases should
be taken before a judge and not as at
present before an examiner designated by
the courts. The evidence, the commit
tee holds. should be introduced in open
court before the Judge. The committee
recommends also the creation of the
Court Of Patent Appeals.
The Report in Part.
The report, in part, reads:
Changes should be made in the equip
ment and organization of the patent Of
fee TO increase its efficiency and to Sc
cure for the public and the inventors
whom it serves the best possible service
To this end greater opportunities should
be afforded the officers and employees of
the patent office to secure promotion,
and adequate compensation.
1t should not be necessary for able, faith
full, and jealous employees, who are eager
TO advance the interests of the public, to
feel obliged to quit the service in order
10 secure in private patent practice ade-
Iuate compensation and recognition of
heir ability and service.
IF the changes respecting the patent
office outlined above were made the pub
ic and the inventor would secure further
from those abuses incident TO
he great corporations which have been
.hus described by an eminent inventor,
who. is the president of the American In
,titution of Chemical Engineers:
LAS to wealthy corporations, 1t has be-
,ome obvious that the skillful handling of
patent cases places them at an untold
advantage against their smaller competi- |
.ors. For them a well organized patent |
department. is a reliable machine, where |
money is the lubricant. This machine, in |
is slow but sure grinding way, can re- |
luce to pulp any of the smaller competi- |
ors- For large corporations, the mainte- !
nance of such a machine, with a staff of |
awyerss and experts. is merely a small |
'ide expense. By its aid they can bluff |
fltlr Wtdhcr CODpttlloES sup
mission. II this is not successful, they |
AN drag out a patent suit Indefinitely |
intil the weak opponent, unable to bear |
he ever-increasing expenses, collapses
ind withdraws.
These tactics are well known, and |
lave been played successfully, whether
t was TO uphold a worthless patent or to
'btain immunity in case of infringement
n every case the wealthy corporation is
% he 81 flz
lays Heads / win, tails you lose."'
ITO frame the details of these changes
nd methods OF procedure in the courts
nd the: Patent Office, and the plan for
etter equipment and organization of the
latent Office. further careful and detailed
tudy is necessary, SO that your commit
ee Is not yet ready to submit bill en-
odying the recommendations. but will
ubmit the same at a later date"
Il