The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-06-09
USE OF GERMAN PATENTS
THE TOPEKA STATE JOURNAL
INFORMATION BUREAU
BY Frederic J. Haskin. Director
Washington. D. c.

States patent office is being deluged
with letters from all parts of the coun-
try asking 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 as a matter of course be con-
fiscated by the American government
and placed at the disposal OF American
citizens Some inquirers even seem 10
think that the declaration OF war mas
effected this confiscation automatlcal-
Iy, and that you have only to apply IN
order to obtain the right to manuIac-
ture articles which have been patented
by German citizens in this country
Such a confiscation would certainly
Mace in the hands of American manu-
facturers patents of great value, espe-
ciaIy upon medicines, dyes ana otESl
chemical products; but none OF the ~
oufrers seem to have rejected thdI
the immediate result of such CON
fiscation would be retaliatory acuon
bv Germany, and that AmerlCaho
would therefore lose about as much as
thew gained in actual property rlghts'
while an immense amount OF reauJ -
ment would be necessary a1ter the
war. .,xS,o ha anv
coDfscation of German patents. Sucn
a course of action would be lneAPeoi-
emf and contrary to the best precedent
t<But steps will be taken SO tnal amer Ell
can manufacturers can OBTAIN the use
of German owned patents, with due
consideration for the rights OF the
owners. The matter has been taken
up by the attorney general ana
measure drafted in accordance with
the suggestions of Commissioners Oh
natents Thomas Ewing. This meas
ure provides that the federal trade
commission shall have power to grant
licenses for the use of patents owned
bV alien enemies, the snare OF the
owner to be determined by the Amer
lean courts. Until this or some SINH
lar legislation has been passed by
! congress, German owned patents Will
be protected just as in time of peace.
The provision for a licensing board
will probably be passed by congress
as a part of more extensive legisla-
ton for the regulation of all trade
relations with the enemy. The right
to use German patents may then be
obtained by application to the board.
| Meanwhile, the patent office, being
! bound by the existing law, which pro-
| tects every patentee in the manufac-
ture of his device for seventeen years,
can do nothing to facilitate the use of
these patents.
In granting to its citizens licenses
for the use of German-owned patents,
| the United States government will not
be taking any action that could pos
sibly be called confiscatory; it will
merely be giving to American citizens
the same rights with regard to Ger
man-owned patents that German citi-
zens had with regard to American
owned patents in Germany before the
war, for Germany has long had a Ii
censing system. In other respects Ger
many has treated Americans who
owned patents in that country with
more fairness than either France or
| Great Britain have shown toward
American patentees. Both of the lat
ter countries have re -ired that for
| eign- patents, in order to be eff
fectfve, must be worked-that is, the
patented article must be actually
manufactured and sold in that coun-
try-wnereas Germany has not re-
| CURED the working of American pat
/ ents In Germany, thus granting
! purely protective patent to our inven-
/ lions.
Aside from the vigorous demand
on the part of Am erican naanufact-
urers to know what are their rights
with regard to German patents.
| the legislation now being drafted by
the attorney general is urgently neces-
sary in order that the United States
may have an adequate supply of
III
preparations indispensable to an army
in the field are patented by Germans
This is notably the case with regard
TO Salvarsan, or "606," the only known
specific for blood disease, which is
used extensively by army medical
corps the world over. 1t is quite prob
able that agents of the German own
ers of this patent will be allowed to
manufacture it in this country during
the war.
The international convention with
regard to patents is of course abro-
gated by the declaration of war, but
nelther Germany, France nor England
| has taken advantage of the fact TO
permit confiscation of patents own
ed by alien enemies. Without enter
ing into any agreement they have
taken reciprocal action so that Ger
man patents in England and France
are protected by licensing system,
ana vice versa Russia, on the other
hand, has confiscated the patents own
ed IN that country by Germans, pre-
sumably because there are few Rus
sian patents owned in Germany so
that Russia had not much to lose by
fetaliatory action on the part of Ger
many.
Our own patent laws have been ex-
tremely liberal to alien inventors
Early in our history we Disseminated
against them by charging a fee of
$500 for patents granted to all aliens
except British subjects, who paid $500.
Inc fee for an American citizen was
tnen as now but $50. These discrimi-
natory laws were repealed about the
tme OF the Civil war, and since that
time alien inventors have enjoyed
about the same rights in this country
as American citizens
In previous wars the general nrin
clple in this county with regard to
property owned by enemy aliens has
been that agents of these owners might
collect the income from such property,
put 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 con-
gress will pass during the present war
with regard to property owned by