Tonopah daily bonanza. [volume] (Tonopah, Nev.) 1906-1929, 1912-03-19
OUR PATENT LAWS.

By majority Of one the United States SUI
preme court has rendered a decision in the Dick
patent ease that gives the patentee Of me-
ehanieal invention absolute control over not only
his own invention, but Of the things used in con
nectl0n with It. Th9s lugdment apparently gives
the patentee the absolute right to say how and
for what his invention shall be used at what
price at shall be sold, what supplies shall be used
IN working H. what their price shall be and who
shall handle them 1t cuts the ground from
der the governments against the United
Shoe Machinery company, and probably also the
against the International Harvester company
As full bench did not hear this case the gov
ernment viii probably try to get rehearing
This judgement has brought about an imme-
date demand for amendment Of the existing pat
ent laws As no constitutional question seems
10 be involved congress can override this iudg-
ment IN that way. and Representative Littleton
has given notice of his intention to introduce
bill to that effect While patentee should be
able to reap the full reward for his work this
ease seems to give him profits from the sale of
things that he did not discover or invent In
the Dick ease the court holds that the purchaser
OF Dick mimeOgraph cannot use any other ink
than that supplied by the maker Of the machine
Ink suitable for such printing was made long be
fore this particular machine was invented The
inventor simply devised a printing or duplicating
machine that made of a well-known article
in a particular way
Cur patent laws need amending in many re-
specls. apart from the situation created by this
decisions. II is possible to patent a device and
never put II on sale, or make it, or allow others
70 MAKE ~ The owners OF patent a ma
chime may hear that some inventor is working
on another machine to do similar work and NAV
patent or buy patent some device which
VIII block their rival, and vet they NAV never
make any of this invention themselves
Our patent laws do not compel manufacture
OF license TO manufacture in this country though
tins - the law in most other countries and in
the ease of Canada has been the means of build
ing up vast industries The Canadian law pro
Woes that a patentee must cease to import within
one year and must begin to manufacture or Of
Ter rights to manufacture to others within two
years after the patent is granted Nearly all
the harvesting machinery and sewing machines
made in Canada up till recently were made from
American models. Most Of these machines were
patented m Canada, but the inventors did not
make them there and lost their rights This
gave the Dominion several furnishing industries
free from royalties
More recently most Of the large American
makers OF harvesting machinery sewing machines
electrical machinery and so forth have established
large plants IN Canada to make their patented
machines Canada thus has protective patent
law as well as protective tariff Such law
making = more more logical than ours We inn
port large quantities Of goods made in Germany
made
which no one is allowed TO make in the United
States German labor and capital get all the |
benefits of our archaic patent laws as far as
the most important coal tar products are con.
eerned. to mention a single instance
The Canadian laws also compcls the sale Of
or license 10 use patented article or device at
g reasonable price The Canadian courts have
ilways dealt literally with the patentee the
nain object being to prevent the tving mn of
PATENTS TO injure rival industries Canada i
lsed as an Illustration Of the way IN which our
'aieni laws could be improved zoe The benefit
It industry because all American inventors and
most manufacturers are familiar with these laws
na can Judge the results that would follow their
doption In this country Many complaints bavs
cen made about Canadians and Germans stealing
meriean patents. We might steal some of our
wn o well as those 81 others in = spirit ef re-
proeity Also patent laws and procedure
light be slnplihed while congress i about n