426 



SCIENCE 



[N. S. Vol. LI. No. 1322 



suggests a means, acceptaible ito the medical pro- 

 fessioa, for the ciontrol of patents in the fields of 

 medicine and surgery; the success will depend on 

 the wisdom exercised by the Federal Trade Com- 

 mission in the method of granting licenses. Judg- 

 ing from the recent activities of this body in the 

 licensing of former enemy owned patents (such as 

 barbital, procain and arsphenamin), a wise policy 

 ■will probably be followed. The bill, as proposed, 

 gives opportunity for the medical research worker 

 to obtain recognition, and possible emoluments, 

 for distinctive contributions, without making him 

 subject to criticism. It contains many construc- 

 tive possibilities and should receive the endorse- 

 ment of those interested in the altruistic success of 



Along allied lines in veterinary medicine, 

 processes for producing serums for prevention 

 of diseases among fai-m animals have been 

 worked out from time to time in the Depart- 

 ment of Agi'i culture. It is very necessary to 

 control these by patents properly administered 

 in the public interest to prevent exploitation 

 of, and loss to, the public. 



In the interest of, and in justice to the 

 inventors in the government service, let it be 

 pointed out that save in rare and exceptional 

 instances, they have derived little or no 

 material return from their inventions. It is 

 a general custom among industrial employers 

 to reward their employees directly for valu- 

 able inventions which they evolve in the regu- 

 lar course of their duties, either by sums of 

 money, as bonuses, or by increase of salary, 

 or by gift of stock or some other tangible 

 form of interest in the business, as a recog- 

 nition of merit and a stimulation to further 

 effort. This has proved a sound business 

 policy. Nothing analogous thereto has ex- 

 isted in government employment, except that 

 general excellence of service has always been 

 a determining factor in routine promotions. 

 Fiu:thermore, inventors in the government 

 service have had to pay out of their own 

 slender means all charges incident to the 

 granting of patents assigned by them to the 

 government. This has been in the past a 

 means of preventing applications for patent 

 protection to worthy inventions. 



Scientific workers, of which inventors form 



a class, are notoriously deficient in commer- 

 cial instinct and experience. Even under the 

 most favorable circumstances they are rarely 

 ever able to properly develop and commer- 

 cialize their inventions. How hopeless, there- 

 fore, is the chance of government inventors 

 getting any benefit for themselves and for the 

 public out of their inventions under the con- 

 dition of uncertainty of status and lack of 

 development and administrative control now 

 prevailing in the government bureaus. 



In the matter of licensing, as provided by 

 this Bill, it it not the purpose here to give 

 unduly a monoply to any one. Indeed, this 

 ■whole thing will be so directly open to public 

 examination and cheek that it is not at all 

 likely such a thing would develop. The main 

 idea in this respect is to do two things. To 

 supply the public with a commodity or a 

 device at a reasonable price, and, at the same 

 time, to aid in building up American in- 

 dustry; providing protection to those best 

 qualified for production, but allowing enough 

 licensing to induce competition and thus to 

 stimulate healthy advancement. 



An analogy here might be found in the 

 banking laws of Massachusetts, Wisconsin 

 and of some other states, which provide for 

 just enough banking facilities to insure 

 proper and adequate administration in this 

 field, it being recognized that an excess in the 

 number of banks means the carrying of too 

 much overhead for the business done, which 

 is a bad business policy liable to lead to dis- 

 aster. Under these provisions, before a new 

 bank can be established it is necesary for its 

 organizers to prove to the banking commis- 

 sioners that there is a real need for it in the 

 region where it wishes to operate. 



Again, the patents comprehended under this 

 legislation may be regarded as much the 

 same sort of monopoly as a public franchise; 

 for instance, the charter for a street car line. 

 Only as many car lines are permitted in a 

 city as there is a real need for. 



It is believed that the provisions of this 

 Bill form a basis for a plan broad enough to 

 work out the solution of the sort of problems 

 referred to above, no attempt being made to 



