The protection of an invention implies the dual problem of how to prevent others from stealing the product of one's mental labor, and of how to insure a fair share of its value to the inventor.
To solve that problem absolutely is of course no more possible than the absolute prevention of the pilfering of anything else of value in the world, but it may be made as secure as the present circumstances in the case will permit if the inventor, to use a slang expression, will be "on to the game." To be that, he first has to know with whom he has to reckon, and how the stealing is done, and the best way to checkmate it.
[ CHAPTER 18
Various Ways Employed to Cheat and Rob Inventors]
While it is impossible to enumerate all of the different methods employed in bringing about the proverbial slip between the cup and the inventor's lip, a few of the usual means, and those generally adopted, in fact so general, that they have come to be looked upon as almost legitimate, established precedents, are as follows:
If the inventor is in the employ of a company manufacturing goods, to which his invention is a valuable addition, the company simply "takes it," and applies for a patent on the same, as being the original inventor. In most cases the inventor is not even informed of the patent application, and generally some high official in the company's employ claims and gets the credit and reward for inventing it. Should that invention be very valuable, or the inventor commits the indiscretion of making other inventions, he will be promptly discharged on one pretense or another, to be rid of his presence, so as to "nip any possible trouble in the bud," and the poor inventor has to "drift" for a while until he strikes something again and probably has a similar experience in the course of time, if he did not get "wise" by his last experience.
Another pet practice is for a concern to boldly take another man's invention that is valuable to it, and work it as if it were its own, of course making money out of it, and very often doing so undisturbed. This may be possible for a variety of reasons, such as, being at a distance from the inventor and his having no means of finding it out; or, again, he may be dead, and his rightful heirs may have no knowledge of the patent, its value or its infringement. But should even the inventor be alive and find them out and attempt to call them to account, he will promptly be informed to "go and see their lawyers," which is only another way of telling him, "well, what are you going to do about it?" For if he goes to see their lawyers, they will most condescendingly and patronizingly inform him that that patent is not "valid," and advise him not to bother his head about it, as it would do him no good. And unless he has the means to engage lawyers, who require fat "retainers," he is absolutely helpless, and the exploiters of his invention can enjoy their ill-gotten gains with impunity.
[ CHAPTER 19
Government Connivance at the Despoiling of a Poor Inventor]
Incredible, yet it is true, that if a patent is infringed upon, and for some reason the inventor, though cognizant of it, does not commence suit, it is held that he acquiesced in the same, and the parties who are stealing his invention, as well as others, can go on robbing him with impunity.
The "INTERFERENCE" trick is usually resorted to, to transfer a valuable invention from a poor but rightful owner to those who want it, and have the money to make profitable use of it and pay for the trick. The most surprising part of it is that it is done quite legally and generally successfully and with no "comeback." It is also very remarkable for its simplicity of procedure, which is usually as follows: