Page:The Green Bag (1889–1914), Volume 20.pdf/276

The Green PUBLISHED MONTHLY AT 14.00 ri* ANNUM. SINGLE NUMBERS 50 CENTS. Communications in regard to the contents of the Magazine should be addressed to the Editor, S. R. WRIGHTINGTON, 31 State Street, Boston, Mass. The Editor will be glad to receive contributions of articles of moderate length upon subjects of interest to the profession; also anything in the way of legal antiquities, facetiae, and anecdotes. A NEW FEDERAL COURT regarded by most lawyers as outside their The Committee of the American Bar field, it is one of great importance to all Association on Patents, Trade Marks and citizens, for it takes but slight reflection to Copyright Law have issued a circular to appreciate our universal dependence upon those who are interested in the establishment patented inventions. It is claimed, not of the proposed new Court of Patent Appeals, without reason, that our marvellous economic urging them to use their influence to obtain development has been largely due to the the adoption by Congress of the pending influence of the monopoly granted to inven legislation. Although this subject has been tors. For the reason, moreover, that the before the public for nearly eight years, and subject is highly specialized and technical, the plan has been worked out in detail and and deals largely with matters susceptible subjected to thorough criticism, it may be of exact definition, it is peculiarly unfortunate well to recall again the reasons for the pro that the opportunity for finality which it posed change. With the establishment of the affords is not realized. The differences of present Circuit Courts of Appeal to relieve opinion in the different circuits have already the Supreme Court of some of its burde.n of in some important cases resulted in absurdi litigation, it was provided that these courts ties and injustice, and this tendency is bound should have exclusive and final appellate to increase if the present situation continues. jurisdiction in all cases arising under the As the Committee says, " The lawyer can Patent Laws, subject only to the qualifica tell his client nothing reliable without refer tion that the Supreme Court might specially ence to the decisions of the courts, and with order any such case, pending in or decided these in conflict, the law becomes undisby any Circuit Court of Appeals, to be sent coverable knowledge; it degenerates from a to it for consideration by writ of certiorari or science to guess-work." otherwise. This is a jurisdiction which in The reasons for the creation of a new court the nature of things can be exercised by that 'seem, therefore, decisive and the only dispute court but rarely, and any frequent resort to so far has been as to the method of selection it would defeat the object of the law. In of the judges. The plan proposed in the fact, only ten patent cases have been carried pending bills is in line with the methods up in this way in sixteen years. adopted in creation of the Circuit Courts of While the law has been thus singularly Appeals, but has some unique features that effective in producing the result aimed at, it have caused hesitation. It provides for the has had another effect not foreseen at the selection by the Supreme Court, from -the time of its enactment. Since our Circuit existing circuit and district judges, of four Courts of Appeal are entirely independent of judges who with a presiding justice, appointed each other, and show frequent disinclination by the President, shall form the Court of to co-ordinate or harmonize their opinions, Patent Appeals. The four judges designated it has resulted that we now have nine final shall sit for limited periods of six years each, tribunals to determine patent causes, instead retiring in rotation. The advocates of the of one, as is the case in all other departments plan insist that it is important not only to of the law. The importance of certainty in have judges who have already proved them Patent Law is as great as, if not greater than, selves experts in patent questions, but that in general jurisprudence, and although the they should not, by being confined to that subject is a highly specialized one and is narrow subject, lose the breadth of view which