The Waterbury Democrat., 1942-05-02

terialS needed for the war effort
magnesium, machine tool steels, ex-
plosives, chemicals and so on. The
recital is scheduled to continue, and
q sad serial story 1t is, too.
The important thing about the
facts, however, and their real signi-
flcance, lies in what the Depart
ment of Justice antitrust lawyers
think should be done to prevent
patents or patent pools being used
to create monopolies which act as
restraints on trade.
Briefly, Arnold's proposals would
give the government powers to po-
lice the patent laws to protect the
public interest. Under the existing
laws, the government only grants OF
denies the patents applied for.
AND SO, THE
PATENT POOL
Disputes over patents are settled
in the courts, but what this fire.
quently amounts to is that the dis
putants in a patent infringement
suit get together and settle their
differences by creating pool Of the
conflicting patents which in effect
gives the pool monopoly control. Ar
nold'S drastic proposals for action
against such patent pools is that
the participants in the pool should
be indicted for conspiracy in res
traint of trade and, on conviction
the patents be cancelled.
The specific suggestions for the
policing and control of patents, by
authority which the government
does not now have, are these:
l. Prohibit the granting of pat
entS for use as instruments OF
business policy. That is, prevent
the abuse Of the patent privilege
in violation Of the Sherman anti
trust law. Corporations which vio-
late the Sherman law can be dis
solved. The same principle should
be applied to dissolve patent pools
which violate that law. This &C.
ton can now be taken in the
courts, but it Is Arnold's conten-
ton that If the additional legisla-
ton suggested were passed, pat.
entS as instruments of bushes:
policy would not be taken out, and
attempts to dominate a market
through patent pools would thus
be terminated.
2. Require that in every patent
Infringement suit brought before
the court, the antitrust division OF
the government be notified so that
the government may sit In as a
third party in the litigation, to
protect the public interest.
3. Give the government the right
to cancel any patent which may be
put in a patent pool for the pur-
pose of creating a monopoly.
THEY'RE BUSY
PEOPLE
This entire program Is based on
the theory that the government
supposedly representing the major
ity of the people, should not part
company with the right to inquire
into the use Of patents after they
have been granted. The u. s.. Patent
Office now grants some $1,000 pat
ents a year. nearly 200 a day. The
Patent Office staff can do little more
than make its customary examina-
tons of claims and issue the nee.
essary patent papers. It is Arnold'i
belief that the policing of patent
use and the protection of the pub.
lie interest by enforcing the cor.
rect use OF patents should be dele.
gated to the Department of Justice
and not made an additional duty
for the Patent Once. !.
All this proposed reform is pref.
ty revolutionary In the eyes of pat.
ent holders and patent lawyers. II
practically amounts to specialization
of the patent law, II you please
under the doctrine that inventors
should make their inventions fol
the good of the people. not for thu
enrichment of the inventor.