Omaha daily bee., 1917-06-09
The Use of German Patents
Bg Frederic J. Haskin

Washington, June 1.-THE United States
patent Office is being deuged with letters from
all parts OF the country asking upon what condi-
tions, now that we are at war with Germany,
American citizens may obtain the free use OF
American patents owned by Germans. The I'M
preston seems to have gone abroad that the
patents owned by alien enemies in this country
will now as matter OF course be conhscated by
the American government and placed at the dis
posal Of American citizens Some inquirers even
seem to think that the declaration ot war has
affected this conhscaton automatically, and that
you have only to apply in order to obtain the
right to manufacture articles which have been
patented by German citizens in this country.
There will not be any coniscation OF German
patents. Such course OF action would be in ex
pedient and contrary to the best precedent But
steps will be taken so that American manufac-
turers can obtain the use OF German-owned pat
ents, with due consideration for the rights of the
owners. The matter has been taken up by the
attorney general and measure'drafted in accord
ance with the suggestions OF Commissioner OF
Patents Thomas Ewing. This measure provides
that the federal trade commission shall have
power to grant license for the use OF patents
owned by alien enemies, the share OF the owner
to be determined by the American courts. Until
this or some similar legislation has been passed
by congress German-owned patents will be pro-
tected just as in time OF peace
In granting to its citizens licenses for the use
ernment will not be taking any action that could
possibly be called confscatory; it will merely be
giving to American citizens the same rights with
regard to German-owned patents that German
citizens had with regard to American owned pat
ents In Germany before the war, for Germany has
long had a licensing system. In other respects
Germany has treated Americans who owned pat
ents in that country with more fairness than
either France or Great Britain have shown to-
ward American patentees. Both OF the latter
AtuAf T.. -
ents, in order TO be effective, must be worked
that is, the patented article must be actually man
ufactured and sold in that CONTINGENCIES Ger
many has not required the working OF American
patents in Germany, thus granting purely pro-
tective patent to Our inventions.
The international convention with regard to
patents is of course abrogated by the declaration
of war; but neither Germany France nor England
has taken advantage of the fact to permit con-
fscation Of patents owned by alien enemies.
Without entering into any agreement, they have
taken reciprocal action so that German patents
in England and France are protected by licens-
ing system, and vice versa. Russia, on the other
hand, has conhscated the patents owned in that
country by Germans, presumably because there
are few Russian patents owned in Germany, so
that Russia had not much to lose by retaliatory
action on the part OF Germany.
In previous wars the general principle In this
country with regard to property owned by enemy
aliens has been that agents OF these owners might
collect the income from such property, but could
not send this income out Of the country while the
war was in progress This principle will probably
be the basis of all laws which congress will pass
during the present war, with regard to property
owned by aliens.
The action which Germany has taken or in
tends to take with regard to patents owned in
that country by Americans is not yet known to
the American patent Office. Action taken by Ger
many might affect that taken by the United States.
but 1t is not at all probable that Germany will
take any conhscatory measures, in view of the
vast patent interests which it has in this coun-
try.
German-owned patents in the United States
are both numerous and varied. The report of the
commissioner of patents for the year ending last
December shows that 847 patents were taken out
by German citizens England was the only coun-
try showing a larger number with 975, while
French citizens took out 30o
While law must be passed by congress be-
fore the use of German-owned patents can be
made available to American citizens no such law
is necessary in the case of the United States gov
ernment. 1t can and will use at once any Ger
man patents which are OF value in prosecuting the
war.