New-York tribune., 1922-06-05

simply provides that the Commis.,or.-
oi fatents. upon the requisition Of the
secretary OF the Interior. Is authori,ea
- continue the printing the
patents for inventions and de.,sr.
Ssued By the Patent Ofice. includSne
grants. specifications and draw.
inFs.
Apparently tho Commissions dc.
s'rcs IL 20 be understood that no
patents viii be issued iu Juiy because
OF the exhaustion % the APPROPRIATION
Tor printing them; but, a. pointed out
above. " Is not required tina. they be
printed and j. would seem that the
Commissioner OF Patents canao- law.
fully refuse 20 issue patent a. the
time when Il must We issued because he
has 10 money 10 print it. and tina. his
proposed course may result in serious
consequence .1 'hose patents ne
issuing Of which Is delayed
Commissioner Hald Mistaken
81; looks as though the commission.
er had overlooked other provisions OF
the statute: Section 1855 OF .he revised
statutes provides that patent shall
issue within q period Of three months
from the date Of the payment OF the
final fee. and that the final fec shall
be paid not later than six months
after the application for the patent
was passed and allowed and notice
sent 20 the applicant or his attorney.
Assume that the final fec has been
passed on an application, " the COM
missioner does not issue the patent
on that application within three
months from the date Of payment Of
.he final fee, that patent. II issued
later. would be void ab initio.
There is another provision or the
law under which patent night 6e in
validated II its issuance was delayed
By 'hc Commissioner. and that is found
IN Section 4.Ss7 Of the Revised Stat
uies. which in effect provides that n
patent issued for an invention which has
been patented In a foreign country on
an application flied more than twelve
months before the fling Of the applica-
tion IN this country. in the case OF in
vcntions relating 20 useful arts. ma
chanes. manufactures or compositions
Of matter. and more than four months in
tho case Of design patents. shall be in
valid. The provision Of the statute Is
that no patent shall be granted IN such
cases. and IL follows that II granted
Tho patent will be invalid. Assume that
during the delay in issuing patent for
tho reason set forth by the Commis-
s.oncr or for any reason. a foreign
patent FOR the same invention is grant
ed 20 the applicant or an application
filed more than the statutory period
before the fling Of the application IN
this country. Such patent, " issued
after the issuing Of the foreign patent.
would be invalid. although II IL had
been promptly issued by the Ccmmis-
sioncr IL may have preceded the issuing
Of such foreign patent. and would thus
have been valid. so FAR as this pro
vision Of the law is concerned.
While the Commissioner Of Patents
ard his ovcrworkcd force are entitled
10 tho sympathy Of all who know the
conditions which have prevailed in the
Patent Office for years. yet. it would
appear that before delaying the issuing
Of patents because Of the exhaustion
of tho printing fund tho Commissioner
should give careful consideration TO
the serious consequences which might
arise. and consider whether or not
patcnt should not be issued promptly
even though IL be necessary TO use the
typewriter or other means in preparing
the grant. specifications. etc. II is 10
be hoped, however. that Congress will
promptlv come 70 the relief OF tho
Patent Officc and give immediate at
tention 20 the passing OF a deficiency
appropriation bill for printing. as re-
quested By the Commissioner OF Pat
cnts.