The Washington times., 1912-08-08
PATENT
BILL Is REPORTED
Measure Designed to Reform Whole SYSTEM and to Meet
Supreme Court Ruling, Favorably
Presented to House. -. o,.

without other amendments, specifically
in the patent law. and particularly some
radical changes in the administration
of the patent law, both in the courts
and in the Patent Office.
"As respects the courts: Two vital
changes are essential-the present
method of trying patent causes must be
abandoned for a new one, and a court
of patent appeals must be- established.
First. The trial Of patent causes.
Nearly all suits involving infringe
ment of patents are tried in the equity
courts where, according to the Federal
practice, the testimony is taken ahd
evidence introduced not in the presence
The duties of the examiner are little
more than nominal. He has no power
to direct or limit the inquiry; to en-.
force the attendance Of or answers
from witnesses or the production q
the examination or cross examination
of witnesses, or determine the rcle-
vancy or value Of evidence offered, OF
the propriety Of adding to It's volume
He does not pass upon the evidence
its charC cter, its weight. or It's effect
The court, on the other hand, does not
In practice undertake to exercise any
supervision over the proceedings con-
Quoted before the examiner. The judge
who is to hear the case knows lite oi
nothing about 1t unit the printed record
embodying the mass of evidence put
In before the examiner and suppement-
ed by Printed briefs discussing 1t. IL
aid upon the desk when the ora argu'
Fortunately. the opportunity for in
Producing such machinery lies at hand.
We have but to follow the methods OF
trial pursued in patent causes in Ger
many and In England. which Is similar
to that prevailing in some Of our own
States in ordinary equity suits. The
evidence should be introduced in open
court before the judge who Is TO hear
is concluded. The Judge is thus in a
position to deal promptly and effectively
with the whole proceeding. The amount
of evidence introduced is greatly les
sened because immaterial issues. irrele-
may be ruled out.
The value of the evidence also may
be properly determined because the
Judge hears and sees the witnesses, and
, ton, and appearance, as well as from
the words spoken. their relative credi-
bility. Litigation which now takes
years would. through such a trial. be
disposed of In as many months, and
where desired could even be disposed of
in a few weeks.
In the presence of an able Judge
armed with power to exclude evidence
or to enforce its production, and In
structed, through his continued pres
ence, in the merits of the controversy,
that abuse Of the legal process which
has become the scandal Of the patent
practice and one Of the most potent in
struments of oppression would cease.
Justice, swift and more certain would
prevail. Such has been the experience
in the disposition of patent causes in
England and in Germany. and no less
satisfactory results might be expected
In America.
Second. Adequate legal machinery de-
mands also the creation of a court OF
patent appeals.
The present system under which It IL
possible that Numerically opposite de-
cisions may be given by the courts OF
appeal in different circuits. so that the
ultimate decision of rights can be de-
termined only after years Of litigation,
and the allowance of a writ Of certiorari
to the Supreme Court of the United
states presents further opportunity for
oppression by the wealthy and powerful
combination.