IIT Chicago Kent College of Law - Transcript Yearbook (Chicago, IL)

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2 r 1 TRAINII-gI6DH3T , Attorney General Sargent has said in effect that an incompetent judge is the worst of burdens on a community. This is especially true in patent cases. There is nothing that I know of more discouraging than to go through weeks of careful study and preparation in a case, and then to go before a court who is incapable of understanding, or, unwilling to give the mental effort necessary to understand, the abstruse question in the case. The inevitable concomitant of the incompetent court is the unscrupulous attorney who is not unwilling to deceive the court. In factgsuch a court offers a premium to the counsel who will state deliberate errors most convincingly. If it be asked why the incompetent court and the unscrupulous attorney are most seriously objectionable in patent cases, the answer lies in the fact that the questions arising in patent cases are likely not to be so plain, definite and easily understood as those ordinarily arisng in general practice, and wider latitude to judicial discretion is allowed in most patent cases. Another difficulty which is peculiar to the patent practice is that every litigated case is founded upon a patent, and every patent is the work of a solicitor who is not omniscient and, therefore, who has failed to foresee every aspect of the invention which may subsequently be developed. Every patent, therefore, is in some degree defective and has to be ex- cused or explained or accounted for by all the ingenuity that the patent attorney can command. This, of course, applies only to the case for the plaintiff, but is a very real and ever recurring difficulty. Nevertheless, the advantages and attractions of the patent practice far outweigh any special difiiculties that may have to be encountered therein. ' This is especially true of the practitioner who has an inclination toward questions of mechanics or of applied science. A special scientific training, however desirable it may be, is not required for success in patent practice. In fact, a study of the humanities, including the classics, is perhaps of more benefit and satisfaction to the patent lawyer than a training strictly limited to scientific studies. One who has had the benefit of training in the classics is more likely to have that humble attitude of mind which alone conforms with the widest outlook and the greatest aptitude for learning. Any training which gives one conceit of his knowledge, has the effect of closing his mind, and a man of that quality is at a disadvantage, whether he be a lawyer or a judge. So to one who is ambitious, who is desirous of the spur of interst in his work, of accomplishing something beneficial to others, of securing for himself honor and a competence, I say the patent practice offers all these incentives to a degree not excelled in any other branch of the profession. And, it is the pride and privilege of the patent lawyer who starts with the idea of putting into his profession all of his ability, and of .taking out of it all' the interest and credit to be derived from such a job, to consider himself as the honored companion and helpmate of the scientists and inventors who are forever pushing back the boundaries of the unknown and adding to the sum of knowledge which can be practically applied to human progress and especially to business and industrial life. 103 1926

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t THE F 1 TRANSCRIPT e The beneficial effect of the patent system of the United States, established by the wisdom of our founders, is accepted universally. No political alarmist or anarchist has ventured to raise, as an issue, our patent system. The primacy of our country in industry and the leadership in finance is largely the result of our patent system. The productiveness of labor and its consequent prosperity is largely due to the same cause. VVhile based upon the rights of property, the patent system offers the most conspicuous opportunity for success to the man without property. To administer and uphold this system with its manifold blessings, gives to the patent lawyer that assurance that he is working for the public good, which is a fundamental necessity for satisfaction in one's work. ffij Ample financial reward is assured to the diligent patent practitioner. Probably in no other branch of the profession are there at stake issues of such financial magnitude as in the case of patents. The patent lawyer, for the responsibility and labor in cases in which great amounts of money are at stake, is entitled to, and often secures, large fees. He has also the opportunity to make investments in enterprises based upon patents, particularly when these enterprises are new, and if his judgment is good, he is able to secure large returns in this way. C4j The opportunity for work. The character of the subject matter invites, compels and repays diligent and meticulous work. No matter how many times one may study a patent, one can always find something new on one more reading. V Other things being equal in a patent case, the lawyer who has his case better prepared is the one who wins. judging by observation and by report, patent lawyers give greater time and effort to the preparation of their cases than do those in general practice. They do not depend upon divine afflatus in the 'presentation of their cases. By experiment and test, by, conference and study, every branch and possibility of their cases is investigated and considered. It is a real advantage to have a profession where work is necessary and remunerative. VVork, contrary to the teaching of the old testament, which borrowed this gospel from orientals who were constitutionally averse to work, is not a curse, but a blessing. I do not know a better presentation of the benefits of work, physically, mentally and morally, than that by Sir VVilliam Osler, the most famous physician of the last fifty years, which will be found in the great biography of Osler by Dr. Harvey Cushing. I would not have the young lawyer choose the patent practice with the idea that his path is going to be an easy one. The patent practice is not without its drawbacks. If it were, I should not be recommending it for adop- tion. No enterprise or profession which is without difficulties fif there by any suchj, is worth any man's adoption. So I point out two conspicious difficulties which are peculiar to the patent practice, and I .assure the young candidate for success in this field that he will find others. justice Story said that patent law is the metaphysics of the law. Not every practitioner and not every judge is competent to understand and appreciate the metaphysical considerations which arise in the consideration of patent questions. 102 X 1926 7,

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WI f i R? im Tl-IE. ! HIAWATHA TELLS OF LAW SCHOOL. Hiawatha stood before them, Stood in front of the great Wigwam, Wfigwam of the parental domicile, Domicile of Hiawatha's birth, Domicile by law and not of choice. Spake he to his many kinsmen, Kinsmen he had left three years before, Kinsmen departed from for the city, City of the mighty waters, City of Kent College, City of Chicago. Spake he to them of his travels, Told them of his studies, Studies in the Law School, Spake he to them as follows: Downward through the evening twilight, In the days most forgotten, In the time nigh three years ago, From the streets of old Chicago, Fell a hoard of fresh law students, Students green but not unhoping, Students keen for legal learning Crowding elevators in the Lake View Bu Full of wonder and of interest, At the course they were to follow. Cast aside their noise and fooling As they assembled in the class room, Cast aside their smokes and papers. See! A man, he enters , Said the students all together, From the realms of 'knowledge Comes a gentleman. There amidst them came the Alderman, There amidst them stood Guy Guernsey, He of laughing smile and many stories, He of bailiif's star And shining Packard car. Then straightforth came his lecture, VVarned the embryonic crowd of the trials Told of sections and of roll call. Followed close behind came VVood, Followed next a man of elevated fame, He advised the c1'owd of contracts, - Mentioned case and textbook methods. Thus the first year was begun. Next to greet us was Prof. Pringle, ilding, ahead them Pringle who says, Yes tl1at's helpful, but go on , 104 K 219E6f