The Washington herald., 1912-04-29
THEPEOPLE'S FORUM
Our Patent Laws.

To the Editor: Notwithstanding larg-
er later Occurrences. the case OF Henry
VS.. A B. Dick Co. decided by the Su-
preme Court OF the United states on the
18th OF last month. is still under discus
sion by the newspapers. lawyers, and
Congress, wisely and otherwise. That
decision relates to patents for invsn-
lions.
The A. B. Dick Co., of Chicago. the
owners Of two patents for a copying ma
chine called a Rotary Mimeograph.' q
sold those machines at cost or less than
cost. choosing to make pront from the
sale OF materials used by others in oper-
ating the machine. On each machine
was put a metal plate bearing a notice.
This machine is sold by the A. b. Dick
Co with the license restriction that It
may be used only with the stencil paper,
Ink, and other supplies made by the A.
3. Dick Company. Chicago. u. s. A."
One Of these machines was sold. at sub
stantially cost. to a woman in. New York
City, and firm of supply dealers. know
ing OF the license restriction. sold ink
TO her to be used on that machine. The
A. B. Dick Co. brought suit against this
firm. and the Supreme Court held that
the sale Of that ink was an infringe
ment OF the patents.
While further pondering over this case,
another patent law Intrudes itself for
attention; and that law eonfers patent
privileges which are more serious than
the privileges granted in connection with
patents for inventions. The nature OF
this law will be understood from q
single and simple illustration.
A. B. Harry builds a shack upon a
ieO-acre tract OF land constituting a part
OF the public domain OF the United
States. and resides in said shack during
series OF months. Then he attends to
few brief formalities and receives from
the government OF the United states a
patent granting to him the absolute and
exclusive fee, title. and ownership in ana
to that l60 acres, not for seventeen years
uhe length of the term of a patent for
an invention), nor for one hundred
years. but forever. Under such absolute
ownership. he can be upon and-entoy
said land and exercise the arbitrary right
70 let or not let others share with him
such use and enjoyment. And he a not
oohsed TO use II himself, nor need he
GnOO9e.
can allow possession only TO plants and
animals, not for seventeen years, but
forever.
Let US suppose that A. B. Harry has
improved this l60 acres and has prospered
and ventured Into business to the extent
OF establishing a general store In the
neighborhood. Henry Thomas also re-
siding in the neighborhood. but less pros
porous. desires 10 use ten acres or the
To-
OF Irish potatoes. a ten acres which the
owner does not intend TO use this year
He applies to the owner, and is told
that he may use the land for a year at
a low rental, but that he must buy his
seed potatoes and n new plow point for
his plow from the Harry store, must
hoe the potatoes only with hoes bought
from the Harry store, must buy his
paris green for the potato bugs at the
Harry store; IL he should be so unfor-
tunate as to rip his trousers while 1T
work on the place, the trousers must
be mended only with a needle and
thread and thlmbfe bought at the Harry
store; when the crop is to be gathered,
baskets and bags bought from the Har-
ry stole must be used; when the DO
tatoes are to be eaten. they must be
salted with salt bought from the Harry
store; and. after eating. only toothpicks
used by the members OF the family TO
pick their teeth.
Observe this unlimited invasion Of per-
sonal rights, dictatlon as to how we
shall pick our teeth. wherewithal we
shall mend our trousers. salt our DO
tatoes, feed our potatoe bugs.
Yet We have heard no expressions Of
solicitude regarding this other patent
monopoly. The people, the press, and
Congress, have apparently been led TO
to deal first with the lesser
in order TO acquire strength to
deal with the greater probIem-to first
deal with the seventeen-year exclusive |
patent and then with the perpetual ex-
elusive patent. |
But, might II not be well to give recog-
milton TO the fact that Thomas can find |
ground elsewhere for the planting of
potatoes? Does not the law Of supply and |
demand apply? II Harry wishes to lease |
his land, and Dick wishes to market his |
must they not make terms |
which users can accept? CYRUS KEHR. |