The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1912-04-26
By a Washington Contributor
to the Columns of the
Daily Telegram.
Ccontributed).

Il ''<4e'AAA<NSrAC@Ns -. 10 April &b.---
Since the decision in the Dick-Henry
mineograph case there has been a
general EFFORT on the part or the law
makers to write into the statutes an
amendmsnt to the patent laws OF the
country making it Impossible for a
company to control supplies necessary
TO the complete success OF a patented
/ article. The lawyers Of Congress
have been studying the Dick case in
the light Of Chief Justice Whites
dissenting opinion with a view of
correcting what many believe might
/ become menace to business. And
yet most careful inquiry among
representative business men does not
Show any crying demand for the leg
islatlon sought. for the reason that
the Judgment OF the supreme court
in the Dlck-Henry case had been the
law of the land for fifteen or twenty
years.
When 1t is recalled that there are
nearly $4,000, 600 invested in pat
ented articles. In this country, which
might be directly affected IL radical
legislation were enacted, 1t would
seem that good sense and good
Judgment demanded that no hasty
or III considered legislation, should
be tolerated. Big concerns with mill
Hons of money behind them are en-
gagged in the sale OF patented articles
themselves and are not seeking 10
control the articles that go with the
patent, the Dick-Ienry case being
remarkable in its ISOLATION for the
decision in that case is peculiarly
academic, having come up to the SUI
preme court on certificate with an
agreed-upon statement of facts for
the purpose of getting the courts
Judgment on the moot question
whether an Individual or corporation
is permitted to sell patented article
with the stipulation that a certain
part OF the process had to be OF the
class specified in the bill of sale, 9TH
erwise the sale was null and void.
The statute of monoplies came
over in the Mayflower with the Purl-
tans and when the General Court CT
Massachusetts granted the first pat
ent to John jerks for scythe, with
which our forefathers garnered their
grain, they provided that no one else
should make that scythe unless II
were different from the one made by
jerks. That same keynote is In the
constitution and was in the first pat
ent law adopted by Congress in 1890
and has been present in every sue
ceeding patent law OF the United
States. That is that the patent law
of the United States is not intended
for the creation or Introduction of
manufactures but Is Intended to en-
courage inventors to Immediately
disclose Inventions so that patent
may be granted and that the public
may then have on record the disclos-
ure of that invention. That is the
bargain made between the inventor
and the public. The patent office is
filled with the records of inventions
which have established new industries
that have benefited the public
nightly and there are hundreds OIL
arts today whose original creation
was due to the incentive-given inveu-
ton, and inventions which would
have been blocked If there had been
a requirement of working within a
given time, or taxation or in fact any
restrictions upon the unlimited patent
rights authorized by the constitution,
and granted by the patent law.
The patent laws OF England and
| Canada are in effect tariff laws: the
patent laws of continental Europe are
revenue laws, all directed against
American inventions. Their provls-
ions with respect to licensing and
working and taxation are purely
selHsh and have nothing Of the spirit
of the patent laws of the United
States. While there is a selfish spirit
in cur patent law it Is on q broader
principle and IS intended to encour-
age the useful arts and sciences
within the United States;
Today the concerns which are COM
batting the great combinations, the
only concerns which can successfully
combat the great combinations are
those which are protected by the
patent law. But for the patent law
there would be but one printing press
company: one typewriter company
but 'or the patent law the monopoly
of wealth would be complete and the
opportunity of inventive genius now
protected would be hopeleSsly stifed.
All these simple obvious facts have
been accepted for 100 years. It 50
happens that there are few con-
Germs, perhaps dozen all told, GER
tainly less than score, which have,
1t is thought, been unduly adHantaged
by the opportunities of the patent
system. In the intense political de-
sire to bind or restrict combinations,
all kinds OF suggestions have OBJ
tanned favor and all kinds OF means
are embodied in bills now pending
| IN CouVress 10 correct these alleged