Evening star., 1917-10-25
. Rights Should Be Maintained.

The significance of the policy thus
adopted by the government. it was stat
ed today by Assistant Attorney General
Warren, who had a part in tanning the
law, lies in the present International
recognition that patent rights must be
1nterfered with as little as possible dur
ing war time. if expensive legal pro-
cedure and chaotic industrial conditions
arr to be avoided after the war.
Great Britain. early in the present
war. sought to abrogate some of the
patent rights of German owners, and
reprisals followed on the part of Ger
nlany, which led to the conclusion that
such rights should be maintained. Since
that time there has been a tacit under
standing among the allies and the CEN
trail powers that patent rights should
be unfnfpaired, and only Russia has de-
clined to take that position, with the
result that German patents in Russia or
Russian patents in Germany now are
worthless.
'All this does not mean. it was pointed
out. that the United States is estopped
from making articles patented by Ger
mans which it needs for conduct of the
war. Provision for such manufacture
is made under another portion of the
act which provides for licensing of
nianufartures. by the Federal Trade
Commission. for the making of German
patented articles during the war
1t was originally provided that Ii
censees must set aside per cent of the
gross profits. to be held by the govern
nlent. as fund from which might be
paid damages for infringement suits
brought after the war. On the sug-
gestion of the Patent Bar Associations
committee, this portion of the law was
made to read mot more than per
cent" SO that If such a percentage
would entail hardship or discourage
manufacture of commodities needed il
may be reduced or set aside altogether
Also under the original bill it was
n Is, n 9 n r-S'
attyes that the mere taking out of the
license would constitute tacit recogni-
tion of the validity of the patent in
question. and constitute d prima facie
case against the licensee when in
frfngement suits were brought To
avoid this condition the proyiso was
inserted that taking out a license did
not deprive the licensee of the right to
any defense he might advance when
sued.
"A third contingency, it might ap-
pear, would be the recovery of dam
ages on such postwar suits which
would rob the manufacturer of the
full profits, or more, of his wartime
work undertaken for patriotic motives.
But IL was explained that such suits
only could be brought on the basis of
an accounting of the profits, the in
ventor or his representative claiming
. share of them. with the virtual as
surance that the American courts
would be most liberal to the American
manufacturer in allotting any damages
on the basis of foreign-held patent
rights.
L. s. Bacon. who is head of the rules
and law committee of the American
Patent Bar Association. today said:
I'VE sought first to have the para :
graph struck out, and, failing in that,
TO have eliminated the provision for
prosecution. thus allowing the patent
owner only to file suit, to establish his
claims and to wait for a settlement
after the war. We lost out on both
proposals.
-Another possible way of avoiding
the bringing of suit by an alien enemy
would have been for the government
to permit holders of licenses to sue
they were licensed. for the time being
toeuse. But for some reason of which
am not aware that suggestion was
not adopted.
I'VE are in accord with the general
principle that rights Of patent should
be disturbed as little as possible during
the war.
Though it is not known here whether
Germany now allows American holders
of patents taken out in Berlin to sue
for infringement, it was stated that
no faction has been taken on the par,
claims established by such holders
Many Americans are involved in i'm
portant patents registered in Ger.
many, and by the liberal course of thi
government it is hoped that thes
rights may be protected.
In respect to suits brought here b,
Germans or their agents against per.
sons not licensed by this government
to manufacture articles Of German pat
er1t, ii was pointed out that they woult
be helping the government, in sucf
suits. to validate its licenses.