Milford chronicle., 1930-06-06

Post Of May 25, lengthy article
pertaining to the patent law recently
sponsored by Senator Townsend OF
Delaware, was printed Since the
publication of the story President
Hoover has approved the bill. The
story follows:
President Hoover has on his desk
a remarkable bill that has a re-
markable legislative history. AS for
the latter, it met with no opposition
in either house of Congress- and 1t
'passed both unanimously on sue
ceeding days. 1t has the endorse
ment of the Secretary of Agriculture
and of the Commissioner of Patents,
who will enforce it; and from the
outside It has the approval of prac-
tically everybody. So that it is al
most inconceivable that Mr.. Hoover
will not approve it, especially as 1t
seeks to do that with Whlch ms
whole life has been identified.
While the measure is entitled; a
bill to provide for plant patents" 1t
might Just as well bear other titles.
n might be entitled: "A bill to pre-
vent plant piracy; "A bill. to enforce
the eighth commandment, Thou
shalt not steal:" or "a bill to pro-
mote pIant breeding;" or yet "A bill
to keep plant wizards out Of the
poor house."
There is one large and esttmaDle
sroup of Washingtopians, who make
a living out of the Patent Once VINO
will denominate this act! "A Dill 70
force patent lawyers to learn new
profession." This is what tney say
every time any forward step Is taken
nv the Patent once. When mechan-
ical refrigeration became a COM
mercial success, every patent lawyer
had to study physics, chemistry
electrical engineering, and, on, SO
MANY other technical subjects. one
oF them now advertises that ne
"knOws all about ice machines ana
can make electric refrigerators.
There are great possibilities IN
this bill and they will surely torce
the patent lawyers to study botany
horficulture. climate, SOIL chemistry,
ana every constituent thing that
goes. for instance, into the conlpo-
sition of rose. He will nave, 10 De 'l'e
able to define what is plant
thing that no. agriculturist now can
dn. what makes a rose smell sc
sweet and why it must have thorns
whv some roses run, some clllnp
some ramble and some stand stlll'
If the tea rose gives tea, or Is JUS
misnamed: why some are hyDrlds
and some are sports; what makes
them blush and why all are not req
II is obvious, at the mere sugges'
tion of only one per cent OF the ne"
things the patent attorney mus
Iaar1 H he does not already know
them, that pretty soon all OF theIl
viii move to Takoma Park ana theE'
begin the cultivation Of roses, O.
aise a new class of patent attorneys
Il going to spring up. These are tn
nfant or horticultural specialists
i1te Mr.. o. NJ. Kile, for instance, Wh'
having graduated from college, iron
the greenhouse and the rose gardel
are now set up as agricultural ex
perts to offer advice on a variety o
matters that are everyday tnlng
with the great corps of splendid gen
tlemen and ladies now working 10
1TncIe Sam in the Department 0
Agriculture. ~,
For Uncle Sans hired help, TN
law also poses a new problem. "
them. at last, rests the decision o
whether the new plant for which
natent has been applied is plan
hr something else; whether 1t =
new. or simply an odd variation p
an old friend, well known to plan
nathologists and gardeners every
where: whether it can be. grow
commercially, or is too expensiy
for the nurseryman to produce.
+ What Is A Plant!
To follow out the Pauline injunC
I tion-"Prove all things; hold fas
that which is good" will necessitat
, the creation of new system entire
lv. The beloved brethren under tn
ahle Mr.. Arthur M. Hyde will haY
{ toysweat their brains over this prot
lem. They, too will have to set up
, dafnition of what is a plant. Nor
Y than that they will have to repro
duce under any and all condition
I The plant for which the patent na
been applied. This may sound cas-,
hit ask any horticulturist If it is
and he will shrug his shoulders
violently that his ears will wiggle
y the same time.
You might think that any gardel
er can grow these plants from Il
Y simple directions their creator,
discoverer or. developer has write
> down in his application for a paten
But not so. The creator may haN
a developed his rose in a mountai
cove in Kentucky, or his azalea G
the banks Of the Wautaga, in Tel
\ nessee; but neither rose nor azal'
might reproduce themselves as
root. wood, leaf, flower, perfume
other characteristics in the expeI
ment station at Bell, Md, or at Il
botanical Garden at the foot Of Ca
itol Hill.
What will the poor hortlcultur
expert then do?
He will have to find soil and