ome degree of technical skill and inventive ability, to win
fame and money by entering into the already opened fields of endeavor
with devices and methods of their own, for which subsidiary patents may
be obtainable. Some of such patents may prove to be valuable, while
it is quite certain that in the natural order of things others will
be commercially worthless, but none may be entirely disregarded in the
history and development of the art.
It will be quite obvious, therefore, that the advent of any useful
invention or discovery, great or small, is followed by a clashing of
many interests which become complex in their interpretation by reason of
the many conflicting claims that cluster around the main principle. Nor
is the confusion less confounded through efforts made on the part of
dishonest persons, who, like vultures, follow closely on the trail
of successful inventors and (sometimes through information derived
by underhand methods) obtain patents on alleged inventions, closely
approximating the real ones, solely for the purpose of harassing the
original patentee until they are bought up, or else, with the intent
of competing boldly in the new business, trust in the delays of legal
proceedings to obtain a sure foothold in their questionable enterprise.
Then again there are still others who, having no patent rights, but
waving aside all compunction and in downright fraud, simply enter the
commercial field against the whole world, using ruthlessly whatever
inventive skill and knowledge the original patentee may have disclosed,
and trusting to the power of money, rapid movement, and mendacious
advertising to build up a business which shall presently assume such
formidable proportions as to force a compromise, or stave off an
injunction until the patent has expired. In nine cases out of ten such
a course can be followed with relative impunity; and guided by skilful
experts who may suggest really trivial changes here and there over the
patented structure, and with the aid of keen and able counsel, hardly a
patent exists that could not be invaded by such infringers. Such is
the condition of our laws and practice that the patentee in seeking to
enforce his rights labors under a terrible handicap.
And, finally, in this recital of perplexing conditions confronting the
inventor, there must not be forgotten the commercial "shark," whose
predatory instincts are ever keenly alert for tender victims. In the
wake of every new
|