Patent Infringement by the Government

From almost the beginning our government has used mechanical devices, particularly in its army and navy and in its various clerical operations.As the government has expanded in its multitudinous activities it has used a very greatly increased number of mechanical contrivances of various sorts.Since the ingenuity of the inventor extends to every field of industry and art, it is not surprising to find that the government has made, purchased, and used a great variety of inventions, many of which are covered by valid patents.The large monetary value of the patented articles purchased and used by the government during the war naturally caused the owners of patents covering such devices ardently to press the government for compensation for the use of the patented inventions.Immediately after the war, various boards were organized to investigate the matter and award compensation to inventors.Among others, the Munitions Patent Board in the War Department considered many claims and made some awards.Likewise, a joint board devoted many days to an investigation and analysis of a great mass of patents relating to radio which were alleged to be infringed by the government.Funds, however, were not made available to pay the awards, and the claimants were relegated to litigation for compensation.The importance of some of the litigation to both the government and the owners of the patent may be seen from the character of some of the claims.In Brodie v. United Statcs 2 the inventor claimed that every metal hat furnished to the soldiers during the war infringed his patent.There are several suits now pending which demand compensation for inventions used in every aeroplane used by the government.In addition to litigation in various District Courts, and other claims which may be settled by negotiation, there are now pending in the Court of Claims between forty and fifty patent cases.About a third of these make no specific allegation as to the monetary recovery expected, but in the other cases claims are made to the extent of nearly six hundred million dollars.The government of the United States has the immunity of the sovereign from suit, and for many years there was no means of procuring redress from it for its use of patented inventions.In the early days, suits were brought against individual officers or 162 C. C1. 29 (1926).