Evening star. [volume] (Washington, D.C.) 1854-1972, 1912-07-22
Opposed by Manufacturers.

q
big manufacturing interests. and several
paragraphs of the bill are strengtheners
for the Sherman antitrust act. AS the
bill was originally drawn. 1t produced a
protest from patent lawyers, manufactur-
ers and inventors that could have been
heard from the Capitol building all the
way back to Representative Oldtield's
own district in Arkansas. Every form of
industry sent representatives to the
headquarters of the committee on pat
ents. Every big industry of the country
has had its say. The printed hearings
would furnish good list of the promi-
nent manufacturers and advertisers of
the United States. According. to Repre-
sentative Oidfield. every one was repre-
scented except the plain people.
However. a change has been proposed
for the bill, and when introduced certain
features will have been modified. As II
will be reported the bill will have four
main features.
One of them will require that every
patent shall expire within nineteen
Years after the application has been filed.
exclusive of the time used in the patent
office. and allowing the inventor two
years to obtain his patent allowances
Mr.. OIdfield's idea on this is that big
concerns with unlimited opportunity for
legal network block all sorts of
small inventors by keeping their claims
at slow speed, filling the patent Office
with applications. and not really want
the way for those behind. II is under
stood that since the possibility has been
realized of this Oldfield bill becoming a
law. some big industries have bent every
effort at getting their claims patented.
when heretofore they We're content to
linger and delay to any extent
Prices of Patented Articles.
OF personal Importance to every one
who makes purchases. however, is section
thirty-two. Probably the worst night
mare some of the manufacturers in the
country could have would be the dream
of the enactment of this section. For
years the federal courts have held that
any storekeeper who sells a patented
article at a price less than that at which
the manufacturer says he can IS guilty
of an infringement of the patent.
THE people haven't the slightest chance
i'm a federal court" said Representative
OldfieId talking about his bill to Star re-
porter. the decisions have always been
in favor of the manufacturer, and eNpen-
sive to the people. The federal courts
cover so much territory. too, that an ordi-
nary man cannot afford to so the dis
tance, or take the time to attend one.
AS originally reported, the bill would
have wiped out the manufacturer s right
to set a price AS ii will be reported, II
will state that II IS not an lniringemeht
of patent to resell patented article al
a lower price than that fixed by the
manufacturer.
The change means that when a manu-
facturer sells his goods TO storekeeper.
if he can get it he can obtain contract
not TO cut prices, and that if the store
keeper takes il into his head to hold
bargain sale on the manufacturer $ goods
he can do so without being called
patent infringer and bringing down the
wrath of the court III the shape oil an
injunction.
OF course the manufacturer will get out
his contract and sue the storeheeper in
the civil courts. That will be another
matter. Says Mr.. Oldfield on this sub
ject:
And the civil courts will never uphold
the manufacturers.
Expected Effect of the Measure.
In other words. the men behind this
bill believe they have opened the way
to cheapening some OF the cost or nv
ing The manufacturers say industry ana |
business will be upset.
IF a man cannot do business without |
some special privilege OF this sort, ne
ought not to be in business, says MT |
Oldfeld in reply, and regard TINS price
II takes money out OF the pockets OF the 4
people for the benefit OF manufacturers
who are growing immensely lcn ne !
people don't know about this bill yet
Inn wait until they do | know that the |
figh, is going 10 be tremendous Repre- |
sentatives from manufacturing districts i
will assail il from every side. olt they
viii have 70 reckon with the oruiHdiN /
voters of their district
Il claim that if the patented articles
can be upheld in price. then noh-paten,ed
articles can be upheld also. Ana IN that
case the farmer could put price on his /
stuff. at which ii would have 10 be re-
sold and when you work That situation
out TO its ultimate conclusion. tell me |
where the -producer-the ultimate /
consumer would be.
The manufacturer complains that the /
Department stores would get their goods /
ard cur prices. that they would upset |
business and the same line OF argu- /
ment was used BY some men against the
parcels post proposition. They claimed
that the department stores would furnish |
an the necessities Of life to all the peo-
nle of the country. ! claim that IL the
denartment store can cut the cost of
living. let them do it-more power to
them.
That price feature is the backbone of
the bill, as far as the people at large
are concerned.
Amending Sherman Law.
one OF the big features Of the bill con-
sists of several amendments to the Sher
man antitrust law. II makes the Sher-
man law apply to all patent monopolies.
Big concerns which buy up all the
patents in sight, and fail to use them will