The Washington times., 1917-05-01
WORRY OVER PATENT
RIGHTS IN GERMANY
Many Manufacturers interested in
the Effect Of War.


has been declared there Is considerable
anxiety shown by American manufac-
turers and inventors who own patents
in Germany regarding the status OF
these holdings. The National Cash
Register Company. the Burroughs Add
ing Machine Company. the Underwood
Typewriting Company. the Western
Electric Company. the General Electric
Company, the Singer Manufacturing
Company, and the United States Shoe
Machinery Company are among the
American concerns directly interested
in the matter. according to Lawrence
Langner. an attorney.
In addition to the speculation Of
American business interests as to the
present status Of their German patents.
Mr. Langner said yesterday many
persons CONNECTED with industries In
this country that will be hampered by
patents owned or controlled by Germans
or by companies operating in this coun-
try with Germans as majority stock
holders, are wondering whether the
United States Government will take any
action to relieve the situation by amend
ing the domestic patent laws.
Owing to the fact that a large
number of American patents hereto
fore owned by Germans and used by
them to protect their trade with this
country, have already changed hands
in the last three years, it Is probable
that there are very few valuable pat
ents in this country at the present
time that are owned or controlled en-
tireIy by Germans. On the other
hand, q number of American corpora
tions own or control interests In val
liable patents in Germany. Some OF
them have formed German companies
operating under patents originating
from this country. and the stockhold-
ers OF these companies are largely
Germans.
Works Both Ways.
"The question Immediately comes up
as to whether Germany is likely 10
annuI or appropriate these patents.
thereby entailing the loss Of valuable
rights to Americans in Germany.
second question to be answered is
whether the United States should take
steps whereby manufacturers in this
country will be free to proceed in any
field that has heretofore been closed
to them because dominating patent In
terests were held by Germans.
"Unless some action is taken by this
country, such as was taken by Rus
sia and by which the Russian govern
ment appropriated all patents owned
| by Germans relating to war inven-
tions and held all other patents in
valid, IL may De assumed that the
German government will conflscate
patents owned by American citizens.
Contrary to what has generally been
the case in the progress OF a war.
there has been a general understand
| ing between all the leading warning
countries that patent rights will be
substantially respected. In other
/ words, these countries, with the eN-
! ception of Russia, have agreed to
keep in force patents already granted
TO enemies. However, they either
subject them to a license regulation
OF to governmental appropriation
I during the war where the invention
is of particular value. and its use is
required in the general interests OF
the country.
"The various rules and ordinances
that have been passed by the coun-
/ tries at war embody somewhat the
same general provisions. and BY all
of them the grant of patents to enc
mics has been suspended. However,
this does not mean that IL is impos-
sible for an enemy to file an appli-
| cation for a patent or trademark in
| these countries. The applications
filed by enemies are examined in the
regular way, but the grant OF the
patent, If any, is delayed until the
end of the war.
"Similarly, the belligerent nations
have provided that where an Industry
necessary to a country Is hampered on
account OF patents owned by an
enemy, 1t is possible for any person
who wishes to carry on the manufac'
ture OF the invention to obtain a
license. In Great Britain rules have
been adopted whereby British sub
jects or others are able to carry on
the manufacture Of the invention to
obtain a license.
How British Do IL.
an Great Britain rules have been
adopted whereby British subjects oil
others are able to carry on the manu-
facture of inventions under patent:
owned by Germans. The British board
Of trade arranges a license and fiXe:
a royalty. and holds the royalty in
trust for the alien enemy with the in
tent of paying the accumulated
amount to the patentee when the wal
Is over. 4 number of British com
panies have availed themselves o.
this privilege. particularly in the cas-
of patents relating to the dyeing snC
glass Industries.
In order to obtain license undel
the British regulations it is necessary
to prove that the owner of the paten
il a subject OF a country at war Will
Great Britain. that the person obtain
ing the license intends to manufacture
, the invention. and that 1t IS in the gen
eral Interests of the community or trad
that the patented article or process.
, should be manufactured or carried ol
, in Great Britain. The adoption OF
, similar law by this country would un
! auestionably serve to meet the situa
, ton as regards patents owned in tn
United States by Germans. 1t is to b
, recommended in preference to the NOR
dractic step OF revoking all American
patents under German ownership,
this would probably result in retaliator'
measures by Germany. as in the cas-
, Of Russia.
Another aspect OF the situation
I of