Maj. Robert H. Young, representing Director of Air Service and Chief Signal Officer, United States Army. John S. Conway, Washington, D. Č., representing classification and compensation committee of engineers in Federal service of engineering. Sidney F. Smith, principal examiner, United States Patent Office. Maj. E. W. Bowie, United States Coast Survey, Washington, D. C. J. H. Brickenstein, patent lawyer, Washington, D. C. A. C. Oliphant, of American Institute of Electrical Engineers and American Society of Mechanical Engineers, Washington, D. C. William F. Bissing, 2 Rector Street, New York, representing Wasson Piston Ring Co. and Shurloc Elevator Safety Co. George Dudley Seymour, New Haven, Conn., representing Winchester Repeating Arms Co. Charles Felton Scott, professor of electrical engineering, Sheffield Scientific School, Yale University, New Haven, Conn., representing American Institute of Electrical Engineers. O. C. Merrill, representing American Society of Civil Engineers. Raymond Westhorpe Smith, representing American Car & Foundry Co., New York City. William W. Dodge, member of American Patent Law Association, representing Dodge & Sons, Washington, D. C. Arthur Edward Dowell, patent attorney, Washington, D. C. J. P. Parris, Houston, Tex. Frank L. Browne. Samuel E. Darby, patent lawyer, New York City. Austin R. Stone, representing Prentiss, Stone & Boyden, Washington, D. C. John H. Finney, representing American Institute of Electrical Engineers. The following members of the American Institute of Mining and Metallurgical Engineers: J. Parke Channing, New York, official representative of the institute. Emil Gathmann, Baltimore. Philip N. Moore, St. Louis. Mr. J. Parke Channing filed the following statement: The American Institute of Mining and Metallurgical Engineers, having over 6,000 members, unqualifiedly supports the provisions of the bill, H. R. 11984, with the exception of the changes proposed of section 4921 of the Revised Statutes, concerning which it does not consider itself qualified to speak. John I. Tierney, representing the Manufacturing Chemists' Association of the United States. Mr. Tierney asked leave and was given permission to file a list of the officers and members of the association referred to, whom he represented. The list is as follows: OFFICERS. President, T, S. Grasseli, Grasseli Chemical Co., Cleveland, Ohio. Vice presidents: William H. Childs, the Barrett Co., 17 Battery Place, New York City; H. H. S. Handy, Solvay Process Co., Syracuse, N. Y. Treasurer, C. Wilbur Miller, Davison Chemical Co., 1101 Garrett Building, Baltimore, Md. Secretary, A. H. Weed, 84 State Street, Boston, Mass. Executive committee: Henry Howard, chairman, Merrimac Chemical Co., 148 State Street, Boston, Mass.; Adolph G. Rosengarten, Powers-Weightman-Rosengarten Co., Ninth and Parrish Streets, Philadelphia, Pa.; Lancaster Morgan, General Chemical Co., 25 Broad Street, New York, N. Y.; E. R. Grasselli, Grasselli Chemical Co., Cleveland, Ohio; D. W. Jayne, the Barrett Co., 17 Battery Place, New York City: J. D. Pennock, Solvay Process Co., Syracuse, N. Y.; Dr. Charles L. Reese, E. I. du Pont de Nemours & Co., Wilmington, Del. (president and treasurer ex officio), MEMBERS. Armour Fertilizer Works, Chicago, Ill. The Barrett Co., 17 Batterv Place, New York, N. Y. Baugh & Sons Co., 20 South Delaware Avenue, Philadelphia, Pa. Henry Bower Chemical Manufacturing Co., Grays Ferry Road and Twenty-ninth Street, Philadelphia, Pa. Calco Chemical Co., Bound Brook, N. J. B. P. Clapp Ammonia Co., 256 Broadway, New York, N. Y. Columbia Chemical Co., 1618 Frick Building, Pittsburgh, Pa. Consolidated Color & Chemical Co., 122 Hudson Street, New York, N. Y. Contact Process Co., box 98, Buffalo, N. Y. Davison Chemical Co., 1101 Garrett Building, Baltimore, Md. Detroit Chemical Works, Detroit, Mich. Dow Chemical Co., Midland, Mich. E. I. du Pont de Nemours & Co., Du Pont Building, Wilmington, Del. Grasselli Chemical Co., 880 The Arcade, Cleveland, Ohio. Harshaw Fuller & Goodwin Co., 720 Electric Building, Cleveland, Ohio. Heller & Merz Co., Hamburg Place, Newark, N. J. Heyden Chemical Works, 135 William Street, New York, N. Y. Merck & Co., 45 Park Place, New York, N. Y. Merrimac Chemical Co., 148 State Street, Boston, Mass. Michigan Alkali Co., Ford Building, Detroit, Mich. Mutual Chemical Co. of America, 55 John Street, New York, N. Y. National Aniline Chemical Co., 21 Burling Slip, New York, N. Y. National Lead Co., 111 Broadway, New York, N. Y. Naugatuck Chemical Co., Naugatuck, Conn. New England Fuel & Transportation Co., 111 Devonshire Street, Boston, Mass. Newport Chemical Works (Inc.), 120 Broadway, New York, N. Y. Nichols Copper Co., 25 Broad Street, New York, N. Y. Pennsylvania Salt Manufacturing Co., Widener Building, Philadelphia, Pa. Chas. Pfizer & Co. (Ltd.), 81 Maiden Lane, New York, N. Y. Philadelphia Quartz Co., 121 South Third Street, Philadelphia, Pa. Powers-Weightman-Rosengarten Co., Ninth and Parrish Streets, Philadelphia, Pa. Rollin Chemical Co. (Inc.), Charleston, W. Va. Semet-Solvay Co., Solvay, N. Y. Solvay Process Co., Syracuse, N. Y. Tartar Chemical Co., 135 William Street, New York, N. Y. U. S. Industrial Alcohol Co., 27 William Street, New York, N. Y. Western Chemical Manufacturing Co., Osage and West Bayaud Streets, Denver, Colo. The CHAIRMAN. This meeting has been called to consider H. R. 11984, an act to increase the force and salaries in the Patent Office, and for other purposes. The bill is as follows: [H. R. 11984, Sixty-sixth Congress, second session.] AN ACT To increase the force and salaries in the Patent Office, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 477 of the Revised Statutes be, and the same is hereby, amended to read as follows: "SEC. 477. The salaries of the officers mentioned in the preceding section shall be as follows: "The Commissioner of Patents, $6,000 a year. "The First Assistant Commissioner of Patents, $5,500 a year. "The Assistant Commissioner of Patents, $5,000 a year. "Five examiners in chief, $5,000 a year each." SEC. 2. That as much of section 440 of the Revised Statutes as follows the words "in the Patent Office" and refers to said office only be, and the same is hereby, amended to read as follows: "Chief clerk (who shall be qualified to act as principal examiner), $4,000; six law examiners, at $4,000 each; examiner of classification, $4,200; two examiners of interference, at $3,900 each; examiner of trade-marks and designs, $3,900; first assistant examiner of trade-marks and designs, $3,000; one second assistant examiner of trade-marks and designs, at $2,700, and one at $2,500; one third assistant examiner of trade-marks and designs, at $2,200, and one at $2,050; six fourth assistant examiners of trade-marks and designs-two at $1,800 each, two at $1,650 each, and two at $1,500 each; examiners— forty-seven principals, at $3,900 each; one hundred first assistants-forty at $3,300 each, thirty at $3,100 each, and thirty at $2,900 each; one hundred second assistantsforty at $2,800 each, thirty at $2,500 each, and thirty at $2,350 each; one hundred third assistants forty at $2,200 each, thirty at $2,050 each, and thirty at $1,925 each; one hundred fourth assistants-forty at $1,800 each, thirty at $1,650 each, and thirty at $1,500 each; financial clerk, who shall give bond in such amount as the Commissioner of Patents may determine, $2,500; librarian, who shall be qualified to act as assistant examiner, $2,700; eight chiefs of nonexamining divisions, at $2,500 each; eight assistant chiefs of nonexamining divisions, at $2,100 each; private secretary, to be selected and appointed by the Commissioner, $2,000; translator of languages, $2,400; assistant translator of languages, $2,000; clerks twenty-two of class four, at $1,800 each; thirty-three of class three, at $1,600 each; one hundred of class two, at $1,400 each; one hundred and twenty-five of class one, at $1,200 each; one hundred, at $1,100 each; skilled draftsmen, one at $1,800 and three at $1,600 each; three draftsmen, at $1,400 each; forty copyists, at $1,100 each; thirty-six messengers, at $1,080 each; thirteen laborers, at $1,080 each; forty-seven examiners' aids and thirty-nine copy pullers, who shall be selected without regard to apportionment, $720 each. For special and temporary services of typewriters certified by the Civil Service Commission, who may be employed in such numbers, at $3 per diem, as may, in the judgment of the Commissioner of Patents, be necessary to keep current the work of furnishing manuscript copies of records, $7,500. "For purchase of law, professional, and other reference books and publications and scientific books, and expense of transporting publications of patents issued by the Patent Office to foreign Governments, $10,000. "For investigating the question of public use or sale of inventions for two years or more prior to filing applications for patents, and such other questions arising in connection with applications for patents as may be deemed necessary by the Commissioner of Patents, and expense attending defense of suits instituted against the Commissioner of Patents, $2,500. "For the share of the United States in the expense of conducting the International Bureau at Berne, Switzerland, $750." SEC. 3. That section 487 of the Revised Statutes be, and the same is hereby, amended to read as follows: "SEC. 487. The Commissioner of Patents, subject to the approval of the Secretary of the Interior, may prescribe rules and regulations governing the recognition of agents, attorneys, or other persons representing applicants or other parties before his office, and may require of such persons, agents, or attorneys, before being recognized as representatives of applicants or other persons, that they shall show that they are of good moral character and in good repute, are possessed of the necessary qualifications to enable them to render to applicants or other persons valuable service, and are likewise competent to advise and assist applicants or other persons in the presentation or prosecution of their applications or other business before the office. And, subject to like approval, the Commissioner of Patents may, after notice and opportunity for a hearing, suspend or exclude, either generally or in any particular case, from further practice before his office any person, agent, or attorney shown to be incompetent or disreputable or who refuses to comply with the said rules and regulations, or who shall, with intent to defraud in any manner, deceive, mislead, or threaten any applicant or prospective applicant, or other person having immediate or prospective business before the office, by word. circular, letter, or by advertising. The reasons for any such suspension or exclusion shall be duly recorded. SEC. 4. That the third paragraph of the act of January 12, 1895 (chapter 23, section 73, Twenty-eighth Statutes at Large, page 619), as amended, be, and the same is hereby, amended to read as follows: "Third. The Official Gazette of the United States Patent Office in numbers sufficient to supply all who shall subscribe therefor at $5 per annum; also for exchange for other scientific publications desirable for the use of the Patent Office; also to supply one copy to each Senator, Representative, and Delegate in Congress; also to supply one copy to eight such public libraries having over one thousand volumes, exclusive of Government publications, as shall be designated by each Senator. Representative, and Delegate in Congress, with one hundred additional copies, together with weekly, monthly, and annual indexes for all the same; of the Official Gazette the 'usual number' shall not be printed." SEC. 5. That section 4898 of the Revised Statutes be, and the same is hereby, amended to read as follows: "SEC. 4898. Every patent or any interest therein shall be assignable in law by an instrument in writing, and the patentee or his assigns or legal representatives may in like manner grant and convey an exclusive right under his patent to the whole or any specified part of the United States. An assignment, grant, or conveyance shall be void as against any subsequent purchaser or mortgagee for a valuable consideration, without notice, unless it is recorded in the Patent Office within three months from the date thereof or prior to such subsequent purchase or mortgage. "If any such assignment, grant, or conveyance of any patent shall be acknowledged before any notary public or the several States or Territories or the District of Columbia, or any commissioner of any court of the United States for any district or Territory, or before any secretary of legation or consular officer authorized to administer oaths or perform notarial acts under section 1750 of the Revised Statutes, the certificate of such acknowledgement, under the hand and official seal of such notary or other officer, shall be prima facie evidence of the execution of such assignment, grant, or conveyance." SEC. 6. That section 4906 of the Revised Statutes be, and the same is hereby, amended to read as follows: “SEC. 4906. The clerk of any court of the United States, for any District or Territory wherein testimony is to be taken for use in any contested case pending in the Patent Office, shall, upon the application of any party thereto, or of his agent or attorney, issue a subpoena for any witness residing or being within such District or Territory, commanding him to appear and testify before any officer in such District or Territory authorized to take depositions and affidavits at any time and place in the subpoena stated. But no witness shall be required to attend at any place more than forty miles from the place where the subpoena is served upon him; and the provisions of section 869 of the Revised Statutes relating to the issuance of subpoenas duces tecum shall apply to contested cases in the Patent Office.” SEC. 7. That section 4921 of the Revised Statutes be, and the same is hereby, amended to read as follows: "SEC. 4921. The several courts vested with jurisdiction of cases arising under the patent laws shall have power to grant injunctions according to the course and principles of courts of equity, to prevent the violation of any right secured by patent, on such terms as the court may deem reasonable; and upon a decree being rendered in any such case for an infringement the complainant shall be entitled to recover, in addition to the profits to be accounted for by the defendant, the damages the complainant has sustained thereby, and the court shall assess the same or cause the same to be assessed under its direction. If on the proofs it shall appear that the complainant has suffered damage from the infringement or that the defendant has realized profits therefrom to which the complainant is justly entitled, but that such damages and profits are not susceptible of exact calculation and determination, the court may, on evidence tending to establish the same, in its discretion, receive opinion or expert testimony, which is hereby declared to be competent and admissible, subject to the general rules of evidence applicable to this character of testimony; and upon such evidence and all other evidence in the record the court may adjudge and decree the payment by the defendant to the complainant of a reasonable sum as a royalty or general damages for the infringement. And the court shall have the same power to increase such damages, in its discretion, as is given to increase the damages found by verdicts in actions in the nature of actions of trespass upon the case; but in any suit or action brought for the infringement of any patent there shall be no recovery of profits or damages for any infringement committed more than six years before the filing of the bill of complaint or the issuing of the writ in such suit or action, and this provision shall apply to existing causes of action. And it shall be the duty of the clerks of such courts within one month after the filing of any action, suit, or proceeding arising under the patent laws to give notice thereof in writing to the Commissioner of Patents, setting forth in order so far as known the names and addresses of the litigants, names of the inventors, and the designating number or numbers of the patent or patents upon which the action, suit, or proceeding has been brought, and it shall be the duty of the Commissioner of Patents on receipt of such notice forthwith to indorse the same upon the file wrapper of the said patent or patents and to incorporate the same as a part of the contents of said file or file wrapper; and for each notice required to be furnished to the Commissioner of Patents in compliance herewith a fee of 50 cents shall be taxed by the clerk as costs of suit.' SEC. 8. That section 4934 of the Revised Statutes be, and the same is hereby, amended to read as follows: "SEC. 4934. The following shall be the rates for patent fees: "On filing each original application for a patent, except in design cases, $20. "On issuing each original patent, except in design cases, $20. "In design cases: For three years and six months, $10; for seven years, $15; for fourteen years, $30. "On every application for the reissue of a patent, $30. "On filing each disclaimer, $10. "On an appeal for the first time from the primary examiners to the examiners in chief, $10. "On every appeal from the examiners in chief to the commissioner, $20. "For copies of records made by the Patent Office, excluding printed copies, 10 cents per hundred words. "For each certificate, 25 cents. "For recording every assignment, agreement, power of attorney, or other paper of three hundred words or under, $1; of over three hundred and under one thousand words, $2; and for each additional thousand words or fraction thereof, $1; for each additional patent or application included in one writing, where more than one is so included, 25 cents additional. "For copies of drawings, the reasonable cost of making them." SEC. 9. That sections 4935 and 4936 of the Revised Statutes be amended to read as follows: "SEC. 4935. All patent fees shall be paid to the Commissioner of Patents, who shall deposit the same, less any sum or sums refunded under section 4936 of the Revised Statutes, in the Treasury of the United States in such manner as the Secretary of the Treasury shall direct. "SEC. 4936. The Commissioner of Patents is authorized to pay back any sum or sums of money paid to him by any person by mistake or in excess of the fee required by law." SEC. 10. That the provisions of section 4934 as herein amended shall take effect July 1, 1920, with reference to the fee for issuing an original patent, and shall apply only to patents issued on applications filed after that date. The fees for issuing original patents on all other applications shall be as now provided by law. Passed the House of Representatives March 5, 1920. Attest: WILLIAM TYLER PAGE, Clerk. The CHAIRMAN (continuing). There is a large number of gentlemen here this morning, representing various organizations, to be heard in favor of the bill. So far as I know, there is no one here who is opposed to the bill. I have met one gentleman who is opposed to some of the features of the bill, but I do not know whether he is here, and I do not know whether anybody else is here who is opposed to any of the features of the bill. I would like to ask Mr. Garrison whether he knows. Mr. LINDLEY M. GARRISON. There is opposition to so much of the bill as amends Revised Statutes 4921, affecting the right of recovery for infringement. |