Evening star. [volume] (Washington, D.C.) 1854-1972, 1929-03-24

One of the longest strides back to-
ward individualism and the rights OF
the individual to enjoy the fruits OF MS
own initiative rather than merge them
socialistically with the mass Of the ma
ton which has been taken by Soviet
Russia is in the granting OF patents
From the point of view OF property
there is scarcely any greater individual
right than the exclusive privilege OF
holding a patent to an invention and
solely enjoying It's fruits. This mas
long been one of the most highly priced
privileges of such capitalistic states as
the United States and England.
1t is a far cry from the original con-
cept of a wholly socialized nation,
wherein the individual had no prop
erty of his own, which Lenin and
Trotsky dreamed and. for while, put
into practice. Nevertheless, Russia now
has in effect as liberal a patent law
as any nation in the world.
When, in 1924, it was definitely recog-
rized that further concessions had to De
granted the individual II progress were
to be made, the central executive COM
mittee of the Union of Soviet Social
list Republics issued decree establish
ing patent laws. In general they fol-
lowed the German patent laws, Ger
many being the closest important In
dustrial neighbor and the nation with
which there was the greatest trade and
intercourse. A committee on 1nven-
tions is the authority comparable TO
the United States Patent ONCE.
The new laws give to an inventor the
exclusive right to exploit his invention
in Russia for a period Of is years and
there is the further provision that a
corporation may be granted patent
No filing fee whatever Is charged. This
is in marked contrast to American prac-
tice where fixed fees must be met be-
fore a patent can be issued. While the
! American fee is not excessive. 1t Is large
enough to have prevented some poor in
ventors from protecting their devices.
Patents Must Be Worked.
A tax Is imposed on the earnings OF
an invention protected by patent, but
this tax does not apply until the in
vention has begun to earn money
However. If 1t is proved before a court
that the holder of a patent is holding 1t
merely, for example, to prevent COM
petitor from getting 1t the patent will
! be taken away from him. There has
been much abuse on this score In the
United States. Large corporations have
DOugnt patents on improved dItlCleS
| believed certain to compete with their
own product and, perhaps, render IL
obsolete, and have merely pigeonholed
the right to the improved invention. Nc
such practice is possible under the Rus
sian patent laws.
Indeed, at the expiration of five years
after issuance of a Soviet patent, the
holder thereof must give proof that he
Is using it or working" it as the tech
nical term is or he will lose the right tC
the invention. However, patentee /,
free to sell his patent outright, to as
sign it to another person or corpora
ton, or to license some other party tc
manufacture the product on which he
holds the patent on royalty basis.
patentee holding his right In allegiance
may be forced to license 1t at o roy
atty to be fixed by the courts.
A liberal provision Of the Soviet pat.
emit laws is that a foreigner enjoys pre-
cisely the same rights and privileges
in the matter of obtaining patent a;
Russian. The foreigner. of course, Il
subject to the same regulations as re-
CARDS the working Of patents.
| During approximately the last three