Atlanta semi-weekly journal. (Atlanta, Ga.) 1898-1920, 1917-08-17
THE USE OF GERMAN PATENTs-By Frederic J. Haskin

NTAsHINGTON, D. c., June The United
wv States patent office is being deluged with
letters from all parts of the country ask
ing upon what conditions, now that we are at war
with Germany, American citizens may obtain the
free use of American patents owned by Germans
The impression seems to have gone abroad that the
patents owned by alien enemies in this country
Will now matter of course be conhscated by the
American government and placed at the disposal OF
American citizens. Some inquirers even seem to
think that the declaration of has affected this
confiscation automatically, and that you have only
TO apply in order to obtain the right to manufac-
ture articles which have been patented by Ger
man citizens in this country.
Such a confscalion would certainly place in the
hands of American manufacturers patents of great
value, especially upon medicine dyes and other
chemical products but of the inquirers seem
to have reflected that the immediate result of such
confiscations would be retalatory action by Ger
many, and that Americans would therefore lose
about much they gained in actual property
rights, while an immense amount of readJustment
would be necessary after the war
There will not therefore be any confiscation of
German patents Such a course of action would
be inexpedient and contrary to the best precedent
But steps will be taken that American manufac-
turers obtain the of German-owned pat
ents, with due consideration for the rights of the
owners. The matter has been taken up by the at
torney-general and measure drafted in accord
ance with the suggestions of commissioner of pat
ents, Thomas Ewing. This measure provides that
grant license for the of patents owned by alien
enemies, the share of the owner to be determined
Ey the American courts. Until this some sim
liar legislation has been passed by congress, Ger
manowned patents will be potected just as in time
Of peace.
The provision for licensing board will prob
ably be passed by congress part Of more extern
sve legislation for the regulation Of all trade rela-
tions with the enemy. The right to use German
patents may then obtained by application to the
board. Meanwhile, the patent office, being bound
by the existing law, which protects every patentee
in the manufacture of his device for seventeen
years, do nothing to facilitate the use Of these
patents.
In granting to it's citizens licenses for the use
of German-owned patents, the United States gov
eminent will not be taking any action that could
possibly be called confiscatory; 1t will merely be
giving to American citizens the rights with
regard to German-owned patents that German cit
liens had with regard to American-owned patents
in, Germany before the war, for Germany has
long had a liscensing system. In other respects
Germany has treated Americans who owned pat
erts in that country with more fairness than
either France or Great Britain have shown toward
American patentees Both of the latter countries
have required that foreign-owned patents in order
to be effective. must. be worked-that is the pat
ented article must be actually manufactured and
sold in that CONTINGENCIES Germany has not
required the working of American patents in Ger
many thus granting purely protective patent to
inventions.