36 ADULTEKATED DRUGS AND CHEMICALS. 



tacit, the identifying and generic name of the thing patented, this name passes to 

 the public with the cessation of the monopoly which the patent created. 



SAME-, SAME USE OF NAME TO DECEIVE. Where another avails himself of this 

 public dedication to make the machine and use the generic designation, he can do 

 so in full forms, with the fullest liberty, by affixing such name to the machines, by 

 referring to it in advertisements, and by any other means, subject, however, to the 

 condition that the name must be so used as not to deprive others of their rights or to 

 deceive the public, and, therefore, that the name must be accompanied with such 

 identifications that the thing manufactured is the work of the one making it as will 

 unmistakably inform the public of that fact. 



On the principles embodied in the above decision the trade-marked 

 names Antipyrin, Castoria, and Lanolin have become public property. 

 Any one is at liberty to manufacture the above articles, with the restric- 

 tion that the public must not be deceived as to the maker. 



The underlying principle of our patent laws is to stimulate and pro- 

 tect invention. As a patent covering a new product prevents the 

 production of the article during its life by other processes, even those 

 which may be more economical, the inventor of a new process for the 

 preparation of a patented product will be prevented by the owner of 

 the product patent from practicing his new process during the life of 

 the patent. To this extent the patent laws may be said to temporarily 

 discourage the invention of new and more economical processes for 

 the production of such patented products; but if to remedy such diffi- 

 culty the protection by patent should be removed from this class of 

 products these would be left unprotected as a class of useful inventions. 

 It is generally admitted that our patent laws do work hardships in a 

 few cases like phenacetin, but if they were modified so as to remedy 

 such difficulties much greater ones would become involved. Though 

 inequalities exist, our patent laws as a whole are considered by those 

 who have made a study of the subject to be the best in the world. 



The commission appointed by President McKinley to revise the 

 United States patent and trade-mark laws did not see its way clear to 

 make the changes desired by the American Pharmaceutical Associa- 

 tion. For this the commission has been criticised harshly by the 

 pharmaceutical press, which expresses surprise that the recommenda- 

 tions of the association named were ignored. While the recommenda- 

 tions appear to be reasonable, it must be remembered that our patent 

 laws are general, and of the large number of patents granted in the 

 United States chemicals and medicinal remedies constitute only a 

 small percentage. Such changes would involve special (class) legisla- 

 tion for a comparatively few articles, which Congress is very much 

 disinclined to enact, for experience has shown that the results are 

 frequently far from satisfactory. 



