Daily capital journal. (Salem, Oregon) 1903-1919, 1919-02-21
PAVING PATENT OF
WARREN COMPANY Is
DECLARED INVALID
Attorney General George M.
Brown Gives This Opinion
To Legislature.

The bithulitic paving patent issued
June 4, 1901 to F. j. Warren has ex-
pired and any one may use the patent
ed process in building roads. This is
the patent of the Warren Construction
company which it is estimated has cost
the state Of Oregon $4,000 mile.
Attorney General George M. Brown,
in giving his opinion to the legislature
as to the present validity of he paw
ing trust patent noted tina it was ISSUED
June 4, 1901 and that patents expire in
II years.
In answer to the request made the
attorney general by the legislature as
to whether the patent rights of the
Warren people had expired and also as
to whether the state highway commits
sion could lay the Warren pavement
without infringing on any rights grant
ed under the patent, he said:
=" ANY patent runs continuously only
II years. This provision has received
consideration by the United States Su-
preme court in several decisions. 1t is
self evident that more than II years
have elapsed since the issuance of this
patent and we cannot escape the con-
clusion that it has expired. "
The attorney general then refers TO
several decisions on the point, one be-
ing that of the Singer Sewing Machine
company against the June Manufactur-
ing company in when the Supreme
court holds: cit is evident that OF the
expiration of a patent, the monopoly
created by it ceases to exist, and the
right to make the thing formerly COW
cred by tn patent becomes public prop
erty. 1t is upon this condition that the
patent is granted 1t follows as a mat
ter Of course that Oil the termination
Of the patent, there passes to the public
the right to make the machine in the
form is was constructed during the pat
cnt
Attorney General Brown adds: "As
said by the court in the language quot
ed, the conclusion there expressed is
self evident and would require the iudg-
ment of the highest judicial tribunal
in the land to declare the same. But
since it has been called upon ana has
done SO, no other conclusion is pos
sible.
The opinion of the attorney general
gives the Highway Commission a
chance to use the Warren patent. The
Commission may do this without fear
of involving itself in law suits as the
legislature passed bill providing that
in case the Highway Commission should
use the patented process, after the pat
ent had been declared invalid, that the
state would stand behind it in any civ.
il action.
Hence, it may be expected that in all
paving contracts hereafter, the question
Of royalty will not enter 1t was upon
the royalty to the Warren people that
brought out the fiercest debates In the
house and finally caused the house to
pass bill requiring that in letting
contracts, the royalty was to be speci-
fled, and contracts let on materials and
labor.
When the legislature convened, there
was insistent rumors that the paving
trust patent had expired. Finally these
rumors BECAME known to members Of
the house who were fighting the paving
trust and the resolution was finally pas
sed, asking the attorney general to
give his opinion on the validity of the
patents.