The Washington herald., 1921-01-06
SAY
PATENT BILL HAS
Joker" SECTION
The Alleged Dishonesty
Chance Explained at
Hearing.
Rr ALERT sMALL.

Hearings on the Patent once bill
were held yesterday morning and
afLsrnooR by the joint committee
of Congress, with Senator Norris Of
Nsbraska as chairman. Commits
sidfer whitehead, E. J. Prindle OF
New York, F. J. Fish Of Boston, G.
WsCurtis Of the Department Of JUS
tice and many others attended.
chief objection to the bill was
voiced against Section nine, the So
called joker, which was attached in
the form Of an amendment by the
Sehate. This section grants en-
plQyes Of the government the privi-
lege Of obtaining patent rights and
giEes the Federal Trade Commission
the right to pass upon the applica-
tions. II is the plea of manufac-
turers and inventors that Patent
once employees may use the knowl-
edge they obtain from the inven-
tions Of others in such a way as to
hamper and infringe and that the
incentive to dishonesty is held out
to- them. Advocates Of the clause
hold that 1t provides the govern
ment an opportunity to make use
of the genius Of its employees and
makes the service more enticing to
employees.
Need of Increases.
The need Of increased salaries
and a larger force in the patent
once was expressed by represen-
tatives Of all factions. That eff
cheney is declining because of the
resignation of many underpaid
employees and the governments in
ability to replace them with tech
meal men, was a point made
stIpng.
That patent attorneys have no
recourse to the courts when dis
barred was esta blished as a fact
yesterday by opponents of the SEN
ate amendment to the Patent Office
bill in which the Federal Trade
Commission is authorized to grant
patent privileges to employees and
former employees Of the govern
msnt.
Charges that the Commissioner Of
Patents is prosecutor and judge
and the tribunal of last resort in
disbarment cases are disputed by
I William l. Wyman, chief clerk of
the patent office, who says that
thorough hearings are made of
charges against patent attorneys
and that the Secretary of the In
the patent commissioner.
Statute Quoted.
MI Wyman cited the following
paragraph from Rules of Prac-
tice," which he said is based upon
enrichment of Congress:
"Rule %. For gross misconduct
the commissioner may refuse To
recognize any person as a patent
agent either generally or in any
particular case: but the reasons
fot refusal will be duly recorded
and be subject to the approval OF
the Secretary OF the Interior"
Hearings are conducted in the
fullest detail and with the greatest
possible impartiality, Wyman de-
cIared. The Commissioner of Pat
eats is appointed by the President
on recommendation of the Secre-
tafy Of the Interior, but the latter
official usually makes his appo5at-
ment on other recommendations,
and there is hardly any reason to
connect the two officials in a per-
sOhal way, it was explained. Dis
barment from the Patent Ofice does
not mean disbarment from practice
insOther courts.
Advertising Allowed.
Legitimate advertising by patent
attorneys is not illegal nor uneth-
iCsl. The rules of practice require
that the Commissioner makes plain
any objections he may find to ad-
veTtising methods. That advertis-
To- ing has been abused by unscrupu-
lows lawyers holding out guarantees
of patents or unreasonable prom
ises, and has been made the source
Of great injustice, was admitted by
a Patent once authority yesterday.