The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1912-03-27
PATENT LAW AMENDMENT.

It will he rememb bered that the Su-
preme Court Of the United States. di.
viding on the narrow lines of four
Judges against three. decided that the
one taking out patent can have con
troll of any Of the appliances which he
chooses TO provide for the use of that
patent. For instance, the case decided
was that Of mimeograpb, the owner
Of the patent seeking TO restrict all
purchasers or uscrs TO the use Of y Ger.
tain kind Of ink which he himself pro.
vided, AT n price fixed by himself, OBJ
vlously, If he sought to provide Ger
tain kind of paper, the purchaser or
renter Of the machine would also be
obliged to use that kind of paper. In
like manner, as pointed out by the New
York Herald, the owner of the patent
electric transformer could require that
the wires used in connection with his
invention should be provided by him
self, and all the appliances, facilities.
and everything in connection with that
use be made and sold by himself. OBJ
viously, the decision Of the court throws
the doors for monopoly and oppression
too wide open, and Chief Justice White 5
vigorous protest against the doctrine
enunciatcd by the court will be recalled
by all newspaper readers The Chief
Justice stated plainly that the doctrine
OF the court was iusufferable and in
supportable, that IL would have to be
overruled by legislation if in no other
way
Accordingly, we find that Represent
ative John A, Thayer Of Massachusetts,
anticipating the possible decision Of
the court, had already introduced a bin
in Congress providing that no owner OF
or any one having any interest in any
patent covering any tool, implement,
appliance, or machinery, shall so
sell, lease, or license the article as
to restrain. or attempt to restrain. or
prevent the yendee, lessee, or licensec
from using any tool implement. ap-
plance, machinery, material, or mer-
chandise not furnished by the vendor.
lessor, or licensor. 1t is curious that
Representative Thayer should have had
the forethought to introduce this meas.
ure prior to the decision of the Su-
preme Court, since it heads that de.
cision off to perfection.
In view of the urgent recommenda.
ton of Chief Justice White, it is to
be hoped that Representative Thaver' s
bill will be taken up by Congress and
enacted without delay, for it is evident
that under the decision as given, the
owner of any patent might carry wreck
and destruction to the appliances al
ready in use, by requiring their disuse
and the substitution of articles fur.
nlshed by himself in their place. al
ways provided that he had an indis.
pensable invention.
1t may be pointed out in this con.
nectlon that the insistence bv anv own.
er of patent on providing appliances,
tools, and plant provided by himself
would tend very largely to discourage
the use OF his invention. And yet there
are inventions so very important that
the world cannot dispense with them,
and their introduction is practically
compulsory, That introduction, there.
fore, should be made as little trouble.
some as possible instead Of as great, for
the inventive genius of the world ought
to be at the service of the world on
reasonable terms,