New-York tribune., 1912-03-16
PATENT MONOPOLIES
Defended as Suitable Reward for the
Inventor S Benefcence.

10 the EdltOf Oh Inc Tribune.
Sir: Anent the recent decision Of the
United States Supreme Court, in the case
of Sidney Henry ct al agt. A. b. Dick
Company, and the various comments on 1t
In the press, and particularly I'm respect to
proposed legislation which seems to have
in prospect the overturnlng and complete
, changing of our entire theory on the patent
law, It seems TO me that a word of expla-
nation may be timely.
The average layman has a very hazy and
indistlnct idea of what patent monopoly
is and why such monopoly is justified
The theory of the patent monopoly, re-
duced to its lowest terms, is that an In
ventor of something new and useful has
created something which was before nom
existent and to which per sc he has the
exclusive right 1t is his perfect right to
do what he will with his invention he Is
not compelled to disclose II to the public,
and he may use it purely for his own bene-
fit keeping secret his methods and
process II Ii be a process, or concealing
in his own home or factory his machine, IL
It be a machine. II. however. he is willing
to disclose his invention, and by describing
It fully so that any one skilled In the art
can utilize II, the law provides that In con-
sderation of this voluntary disclosure he Is
TO have an absolute monopoly for limited
term of seventeen years, provided. or
course, that he can prove, as he may have
TO in court. the validity OF the patent, both
as TO novelty and utility. and that he was
the first and sole inventor In other
words, his monopoly is a conditional mo-
its being placed unrestricted in the hands
Of the public at the end OF the seventeen
years, and one limited to that term after
which his invention becomes public prop
erty. That this wise and benefcent law
has been TO a great extent one OF the direct
causes of our extraordinary commercial
development is generally admitted. The in
ventor gets little enough for the many
years which he frequently gives to the per-
lection of his invention, It's development
and introduction; and, on the other hand
the capitalist who undertakes to introduce
and commercialize such an invention as
sumes large risk and oftentimes suffers
great loss.
II the law which gives the inventor an
absolute monopoly for limited term in
the right to manufacture use and sell his
invention in consideration OF It's eventual
dedication to the public may be considered
fair and Just, and | believe few Will deny
this, IL certainly IS reasonable for him To
surround his right with such conditions
be may please during the limited term or
his monopoly since the greater contains
the less IL he has an absolute monopoly
In his invention for seventeen years, and
~ usis no gaS
extent OF concealIng or burying it, no one
can justly complain If, in consideration of
his allowing it's use. he surrounds that
right TO use with such restrictions as he
may see tit No one is compelled to pur-
chase or license under a patent. II n pros
pectiye purchaser or licensee does not like
the limitation imposed upon and accom-
panying the right, he is not compelled TO
take, and II he takes he should not COM
plain OF the obligation imposed.
The lay mind and many legal minds un-
used 10 the peculiar conditions surrounding
and accompanying a patent monopoly are
unable to grasp the fact that patent mo-
nopoly is unlike the mOnopolies in staple or
privilege which have so aroused general
antagonism. and perhaps properly so, gen.
orally because they have given nothing In
exchange. and It may be said that the key
note Of the distinction is that the patent
monopoly is one for limited time, granted
for and in consideration Of the dedication
OF the whole subject matter TO the public
at the end OF definite, reasonably limited
period
The hysteria which seems to have taken
possession OF a great many minds on the
subject OF trusts. monopolIes. etc, would
seem to be like that OF the man who strikes
at every head In sight whether It's owner
deserves a blow or not.
JOHN ". LOVELAND.
New York March II, 1872