Motion Picture News (Oct-Dec 1930)

88 .1/ o t i o n P i c t ii r e N ews N o v c m be r 1 . 10 3 0 Stronger Protection for Inventors By Keeping Patent Applications Pending Quicker Disposition of Inventor's Rights When Patent Is in the Application Stage, Which Enables Purchasers to More Readily Effect Changes and Corrections WHILE, of course, circumstances alter cases, it is usually wise not to allow a patent application to issue into a patent immediately, but rather to keep it pending as long as possible, and until the time that the patent is really needed, according to Ray Belmont Whitman, noted authority on patents, who continues in this article a discussion on involved patent problems, which appears regularly every month in The Showman. Of course, in following out this plan, it is suggested that the inventor bear in mind the fact that he has no right to sue for infringement until after the patent has issued, and he cannot collect profits and damages for any infringement before the date of issue of the patent. The common practice of many large corporations, as well as of experienced and successful inventors, is to prepare and file the patent application as soon as possible after the inventor's conception of the idea, and then to quite vigorously "prosecute" the case, through the prompt filing of amendments in answer to each office action, until an appreciable amount of the total protection in claims belonging to the inventor has been granted by the Examiner. Thereafter, on receipt of each Patent Office action, nearly all of the six months, now allowed by law^, is permitted to elapse before an amendment answering the action is filed. In this and other ways, the case may l>e delayed and the application held pending in the Patent Office for a number of years; but after a total of some three years, the office may request a prompt conclusion to the prosecution so as to get the patent issued. The Forfeit a Renewal Factor Another and additional means of delaying the issue of the patent is to prosecute the case to an allowed condition and then not to pay the final fee of $20 within the six months permitted. The case then becomes forfeited, but can be renewed within one year from the end of this time. Thus it may be again prevented from issuing for an appreciably longer interval. As long as the application is pending, it is held in secrecy in the files of the Patent Office, and the inventor is in position to watch the activities of his competitors and issue it only when he needs it to protect his rights. By means of this strategy, the seventeen-year term of the patent monopoly is arranged to begin more nearly on the date that the patent is really needed. Once issued, it can only be extended beyond that term by an Act of Congress; but such ex By RAY BELMONT WHITMAN Motion Picture Patents Authority tension has never yet been granted on any mechanical patent. However, as a partial substitute, the inventor may sometimes keep his protection alive by filing other patents from time to time on improvements of the original invention. Still another advantage of delaying the issue of a patent is that it often enables the inventor to better dispose of his rights by sale or license, since most large corporations or other purchasers have been taught Patent Problems O AY BELMONT WHITMAN'S J^ department on patents, which appears every month in The Showman, embraces a discussion of highly important problems involving that field, a question and answer service for readers, and a resume of current {latent activities as gleaned directly from the office of the patent authorities at Washington. The Question and answer column imposes no obligation on the reader. All queries on the subjects of patents, trademarks, designs and copyrights fall within the scope of this service. If a personal answer is desired, a stamped envelope should be enclosed with the question. If not, the answer will appear in this department in the first available issue after receipt. Write on one side of the paper only. giving full name, address and business affiliation. Only initials will be published if so requested. All inquiries should be addressed to Patent Editor, Motion Picture News. by their attorneys to give preference to the purchase of patent rights as yet in the application stage. For it enables these attorney^ to correct or augment the work of the inventor by revision or by adding new claims during the original prosecution. < (therwise, if this is not done, the purchaser must either be content with the protection of the original patent, or else try to broaden it by filing an application for "reissue." Question and Answer Service This department places at the disposal of inventors a question and answer service conducted by Whitman, who will reply to any i Continual on page 90) THE New Patents Department, conducted by Ray Belmont Whitman, not only embraces patents on motion picture equipment of all types, but also includes material on trade-marks and designs, reports of which are obtained regularly from the Patent Office at Washington. Copies of any of the patents cited below may be obtained by sending 15 cents I 15c I to the Patent Editor of this publication for each copy desired. The current group of new devices for which patents have been granted follows: 1,773,974. FILM. Carleton Ellis. Montclair. N. J. Filed Sept. 23, 1926. Serial No. 137.380. 16 Claims. (CI. 91—68.) 1. A stratified film, a stratum of which contains pigment and another stratum devoid of pigment and substantially transparent which comprises nitrocellulose and a synthetic resin compatible therewith. 1,776.223. ACOUSTIC DEVICE. John V. L. Hogan, Forest Hills, N. Y., assignor to Radio Inventions, Inc., a Corporation of New York. Filed Jan. 30, 1926. Serial No. 85,069. S Claims. (CI. 181-31.) 1. An acoustic device comprising a substantially spherical non-metallic wall of paper-like material, the polar dimension of which is adapted to increase and decrease simultaneously with equatorial contraction and expansion in combination with a support at one point of said wall and an electromagnetic system comprising a movable' element connected mechanically to another point of said wall in combination with a support for said device at one pole thereof and vibrating means connected to the opposite pole. 1.776.045. ELECTRICAL RECORDER REPRO-' Dl'CER. Harrison \V. Rogers. New York, N Y Filed Mar. 10, 1927, Serial No. 174.182. Renewed Mar. 4, 1930. 4 Claims. (CI. 179—100.41.) 1. An electric recorder-reproducer, including a swinging support, a magnet carried thereby, a rod. a stylus carried thereby, spring supports for the rod and for connecting the rod to the frame and permitting the rod limited oscillatory movement, an I i armature provided with coils carried by the rod. said armature being disposed between the poles of the magnet. 1.776.148. TELEVISION APPARATUS. Paul Loveridce Clark. Brooklyn, N. Y. Filed May 29, 1928. Serial No. 281,567. IS Claims. (CI. 178—6.) 1. In a signalling system, the method of operation, which consists in producing at a high rate of speed 1 1 ontimied on page 90)