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 DILATORY PATENT PROCEDURE

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DILATORY PATENT PROCEDURE BY WALLACE R. LANE IN 1788 the Constitution of the United a patent for his invention should have a States granted to Congress "the power prima jade right to the exclusive use of the to promote the progress of useful arts by invention described and claimed in his securing for limited times to inventors the patent such as would enable him to assert exclusive right to their discoveries." this right immediately whenever manufac Under Sections 4883 and 4884 of the Re turers see fit to appropriate to their own use vised Statutes the patentee has a "grant" the patented device for sale throughout the of the exclusive right to make, use and United States. vend the invention or discovery throughout Let me, however, call attention to the the United States and Territories thereof procedure and various appeals provided by for the term of seventeen years. the United States Statutes for the inventor in Daniel Webster has said that procuring a patent, whether opposed simply "The American Constitution does not by the Patent Office (if we can term the attempt to give an inventor a right to his work of this office opposition to the grant) invention, or an author a right to his com or whether there is an interference contest position. It recognizes an original pre between the inventor and a rival claimant existing inherent right of property in the for the honor of inventorship. invention, and authorizes Congress to secure Sections 4909 to 4911, inclusive, provide to inventors the enjoyment of that right, for appeals — First. From the Primary Examiner to but the right exists before the Constitution and above the Constitution, and is, as a the Examiners in chief in the Patent Office. natural right, more than that which a man Second. From the Examiners in chief to can assert in almost any other kind of the Commissioner in person. property." Third. From the Commissioner to. the And Judge Baker, speaking for the Circuit Court of Appeals of the District of Columbia. Court of Appeals in the case of The Victor In the event the applicant for a patent is Talking Machine v. The Fair, 123 Fed. unable to secure his ex parte or contested 426, says: (by interference) grant through the medium "Within his domain the patentee is Czar. of the foregoing appellate procedure, Sec The people must take the invention on the tion 4915 of the Revised Statutes provides terms he dictates or let it alone for seventeen for a bill in equity being filed in the proper years. This is a necessity from the nature Circuit Court of the United States asking of the grant. Cries of restriction of trade for "an adjudication holding him entitled and impairment of the freedom of sales are to the patent, and if the adjudication is unavailing because for the promotion of the favorable, the Commissioner is authorized useful arts, the constitution authorizes this to issue such patent, after certain require very monopoly." ments have been complied with." The Supreme Court has also expressed From an adverse decision by the Circuit similar opinions. In view of the un Court in such case the applicant has his mistakable terms used by these eminent appeal to the Circuit Court of Appeals within authorities, it would seem that the inventor the circuit where the decision was rendered, who has gone through the ordeal and oft- and the matter might possibly be taken to times extremely arduous task of obtaining the Supreme Court of the United States on