The Republican. [volume] (Oakland, Md.) 1877-current, 1917-06-14
Use of German Patents
By Frederick J. Haskin

| The United States Patent Office is be-
ing deluged with letters from all parts
of the country asking upon what con-
ditions, 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
be confiscated by the American Govern
ment and placed at the disposal of
American citizens. Some inquirers
even seem to think that the declaration
| of war has affected this confscation
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.
Such a confscation would certainly
place in the hands of American man.
ufacturers patents of great value,
especially upon medicines, dyes and
other chemical products; but none of
the inquirers seem to have reflected
that the immediate result of such con-
fiscation would be retaliatory action by
Germany, and that Americans would
therefore lose about as much as they
gained in actual property rights, while
an immense amount of readjustment
would be necessary after the war.
| There will not therefore be any con-
| fiscation of German patents. Such a
course of action would be inexpedient
and contrary to the best precedent
But steps will be tax en- so that Ameri-
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 and measure
drafted in accordance with the sugges-
tions 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 protected just as in
time of peace.
The provision for licensing board
will probably be passed by Congress
as part of more extensive legislation
| 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 manufacture
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-Cwned patents,
the United States Government will
not be taxing any action that could
possibly be called confiscatOry; it will
merely be giving to American citizens
the same rights with regard to Ger
man. owned patents that German citl-
zens had with regard to Americanown-
ed patents in Germany before the war
for Germany has long had a licensing
system. In other respects Germany
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 latter countries
have required that foreign owned
patents, in order to be effective, must
be work ed-that is, the patent,d article
must be actually manufactured and sold
in that country Germany has
not required the working of American
patents in Germany, thus granting a
purely protective patent to our in
ventions.
Aside from the vigorous demand on
the part of American manufacturers
to know what are their rights with
regard to German owned patents, the
legislation now being drafted by the
attorneY-general is urgently necessary
in order that the United States may
have an adequate supply of medicines;
for many of the medical preparations
indispensable to an army in the field
are patented by Germans. This is
notably the case with regard to
Salvarson, or 500" the only known
specific for blood disease, which is used
extensively by army medical corps the
world over. 1t is quite probable that
agents of the German owners of this
patent will be allowed to manufacture
it in this country during the war.
The international convention with re-
gard 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
confiscation of patents owned by alien
enemies. Without entering into any