Evening star. [volume] (Washington, D.C.) 1854-1972, 1912-05-11
Urges Changes in Statutes
Governing Patents.
FAVORS A COMMISSION
Would Have Special Body Make
Study of Situation.
CITES PREVAILING ABUSES
Entire Industries Have Been Dom
mated, Says President in Mes
sage to Congress.

President Taft yesterday sent to Con-
gress a special message asking for a COM
mission to investigate and study patent
laws with a view 10 revision. 1t Is as
follows:
ITO the Senate and House of Repre-
sentatives:
1.-The present patent laws of the United
States were enacted in practically their
present conedition in 1870, before the de-
velopment of the industrial conditions
which obtain today. The wisdom of the
trainers of the Constitution in providing
that Congress shall have the power to
promote the progress of science and the
useful arts by securing for limited times
TO authors and inventors the exclusive
right to their respective writings and
discoveries has been demonstrated by
the fact that the industrial progress and
development of the United States has
been due largely to the stimulus to in
vention given by the protection afforded
by the patent laws.
Combinations Formed.
I'm recent years, however, combinations
based upon patents have been formed
which have succeeded in controlling very
largely the output of particular indus
by contracts based upon the patents. re-
quiring the users of patented machines to
buy from the corporations owning the
patents, from firms under their con-
troll. supplies or other articles to be used
in connection with the patented machines
Some of the circuit courts of appeal
have held that such contracts, based upon
patents, were valid. and that those who
violated the terms of such contracts were
liable as contributory infringerS. The
correctness of such decisions has recently
received the approval of the Supreme
Court of the United States in the case
of Sidney Henry, ct al. VS.. A. B: Dick
Company, by the vote of four justices of
the seven who heard the case.
AN application for a rehearing OF
that case by the full bench was made
and denied. so that the construction
put upon the existing law in that case
must be regarded as conclusive. Sew
eral bills have been introduced into
Congress, as i am informed. to obviate
the effect of this decision as to pre-
vent a patentee from extending by
contract the monopoly secured to him
under the patent law. This question
calls for careful consideration.
Industries Are Dominated.
Again, large corporations by alb
sorbing patents relating to particular
arts have succeeded in dominating en-
tire industries, and the only market
to which an inventor of improvements
upon such machines may offer his pat
ents for sale is to such corporations.
In many instances it is charged corpo-
rations buy patents for improvements
and. although the inventions covered
thereby constitute distinct improve
ment in the art, their manufacture is
suppressed and the public never re-
ceives the beneht Of such inventions
during the life of the patent.
Some other countries have discouraged
the shelving of inventions in this man
ner by laws requiring that the owner
of patent shall manufacture the in
vention covered by his patent within a
certain period, or that his patent shall
be declared forfeited. Other countries
provide that the owner of a patent who
does not manufacture the invention in
the country granting 1T, within reason
able time may be compelled to grant
license to any one who may apply to
manufacture and sell the invention upon
such terms as may be determined to be
reasonable by public officer or by
court Of competent authority.
Worthy of Consideration.
1T is worthy of careful consideration
whether or not legislation on some such
lines should be enacted to prevent our
patent laws from being made the basis
of unjust monopoly. extending beyond
the legitimate protection to inventors re-
quiTed to promote science and the use
fui arts, or the means of sitting improve
Hent and progress of the arts.
1t is also claimed by some that Iegis-
lation is necessary TO enable applicant
TO more speedily obtain his patent, and
also to prevent the holding of applica-
tons for patent in the United States pat
ent office for a long period of time, until