Pine Bluff daily graphic., 1912-06-09
WOULD l RECOD|FY {. \. PATENT LAWS Patent Attorneys Take Is. sue With Chief Justice
 White in Decision
BENEFITS OF THE LAW
Patent Restrictions Prevent Corpora. tions From Building MOnopolies.
(By Sidney Espcy.)


 flee give it as their view that ther is no necessity for Congress to revis the patent laws in conformity to th' dissenting opinion expressed by Chic Justice White, of the Supreme Cour of the United States, in the Dick Henry mimeograph case. Lawmakers in Congress, however, have been hunt ing through musty law books and gen. erally stirring up agitation, in an at- tempt to recodify the federal laws along the line suggested by the Chief Justice, so as to make it possible for q company to control auxiliary SUD- plies necessary to the complete pat ented article.
 The reason assigned for not revis- ing these statutes according to those whose profession is the practice of patent law, is that the majority of opinion of the the Supreme Court has for the past fifteen years.
 The National Board of Trade, the oldest of the trade organizations of the country and the only one eXercis- ing a nationwide influence, is also opposed to any radical changes in the patent law. It's reason is that any change in the general commercial and trade conditions would violently dis turb business and cause loss of hum dreds of thousands of dollars annual ly to manufacturers of patented ar ticles.
 The Board believes there is no real demand for radical or general amendment to the patent laws, and that the present agitation is being carried on for apparently political reasons and without proper regard for the equities involved.
 In speaking of the matter, one of the most prominent patent attorneys of the country said:
 When it is recalled that there are nearly $750,000.0OO invested in patent ed articles in this country, which might be directly affected, if radical legislation were enacted. it would seem that good sense and good judg- ment demand that no nasty or ill con- sidered legislation should be tolerated. Bib concerns with millions of dollars behind them are engaged ill the sale of patented articles and are not seek ing to control the articles that go with the patent. but if legislation were enacted, as some have suggested, these businesses would be ruined.
 "The statute of monopolies came over in the Mayflower with the Puri- tans and when the Court of General Sessions. of Massachusetts, granted the first patent to John Jenks for a scythe, they provided that no one else should make that scythe unless it was different from the one made by Jenks. The same keynote is in the constitution and was in the first pat ent law adopted by Congress in l79O and has been present in every suc- ceeding patent law of the United States. That is that the patent law oi the United States is not intended to encourage inventors to immediately disclose inventions so that a patent may be granted and that the public may then have on record the disclos- ure of that invention.
 "Today the concerns which are combating the great combinations successfully are those which are pro- tected by the patent law But for the natent law there would be but one printing press company; one type writer company-but for the patent law the monopoly of wealth would be complete and the opportunity of in- yentive genius now protected would be hopelessly stifled.
 The National Board of Trade has 4his to say:
 ssIn an intense political desire to htna or restrict combinations, all skinds of suggestions have obtained fayor and all kinds of means are em- ,,ddfed in bills now pending in Con- |H1eS to correct these alleged evils.
 kyI ooking at these bills as whole it IT apparent that while many oi 13sem would in small measure reach f. AL jStiI1ne of the combinations. all of the Sl SlTla would inevitably operate to- the S17aSfy of the thousands and thousands Ifi5 aip competition with these khinss 1t would therefore
 M the part of of~wisdosn' to re- IF slloFf fo amend our -pasefs 1 b66er ths stress of agitation. At | commission should be appoint cousider the subject before any
 r leGislation is consummated.