Radio Broadcast (May 1923-Oct 1923)

Protecting Your Invention First Aid for Those Struck by Patentable Ideas By ROGER SHERMAN HOAR Former Assistant Attorney General of Massachusetts "'0 ONE will deny that "'tis better to be safe than sorry." Suppose that you have an original idea, as ^fc some day you may. You do not ™ think that it amounts to much, you have no intention of ever patenting it, you are even reasonably sure that it isn't patentable; and yet it may eventually turn out to be very valuable. Why not play safe and protect your invention from the very start? The fact that you are the original and first inventor will avail you nothing unless you preserve the evidence to prove this fact, and even then you may not be safe unless you take certain further steps. Therefore, the moment you conceive of a new and useful invention, you should at once prepare an "evidence of conception": i.e., a sketch, signed by the inventor, recording the date of conception, and witnessed by two persons, whose endorsement should read substantially as follows: "(date) Explained to and understood by (signatures)." Such a sketch should contain, or be accompanied by, a sufficient written description to render the drawing perfectly clear and understandable. This paper serves several purposes. First, it provides you with two witnesses who can prove your date of conception and date of first disclosure. Then too, it constitutes your first drawing and first written description. Thus you have, in a single document, the means of answering the first four questions which will arise in any interference proceeding, and of proving your answer. There are many persons who will solemnly inform you that an evidence of conception is invalid unless it is written in ink, signed by two witnesses and acknowledged before a notary. What do they mean, invalid? An evidence of conception is not a Patent-Office form! Furthermore, it has no foundation either in rule or in statute. The only function of an evidence of conception is to refresh the recollection of one (or both) of the witnesses, so that he can testify to the dates of conception, drawing, description and disclosure, if necessary, and can make that testimony sound a little more plausible than merely his own uncorroborated word. If it accomplishes this end, the most informal paper, written in pencil, and signed by a single witness, is sufficient. Even a single witness, without any paper, will do, if he has a good memory and tells a convincing story. ' But, believe me, his story has got to be convincing! Over three hundred witnesses, produced by Drawbaugh to prove that he invented the telephone before Bell, failed to convince the U. S. Supreme Court, because not one of the witnesses had had the device explained to him by Drawbaugh. So, as a practical matter, rather than as a legal requirement, the more formalities that you can add, within reason, the safer you will be. But note those two words: "within reason." Too much formality is apt to defeat itself by suggesting to the Court that it has been faked to bolster up a weak case. But by far the worst objection is that the greater the formality of a form, the less often will an inventor take the bother to use it. And the evidence of conception should certainly be frequently used. Among the refinements sometimes employed is the following. The inventor places the paper in an envelope, has the notary seal it, sends it to himself by registered mail, and then doesn't open the envelope until, if ever, it is presented in court. It is important not only to prepare an evidence of conception, but to prepare it at the earliest possible date. Don't wait for the complete idea to develop, but draw up a paper the moment you have the first hazy outline of your invention. Draw up other papers from time to time, as you work out your details. The most valuable part of your patent will be its broad general claims, and these will be adequately supported by your first general idea. Your next consideration should be to use due diligence in "reduction to practice," i.e.,