‘主(煩，聲使同仁均能接受，一講就是兩三個鐘點。為 了防止講課時的胃疼，上課時除拍了一大堆書本講義 一外，必有一筒餅乾，隔了一段時間必定邊吃邊講，以 止胃疼，同仁等見狀多勸其休息片刻再行繼緝亦不聽 。直講至離開試驗所謂職嘉義為止。此事試驗所同仁 們迄今談到猶喘噓感激不己。其後本局人事更動，啟 賢，冗內定為第五區工程處處長，爵了醫好宿疾以便赴 任後可以展開工作及抱負，遂再往公保門華中心詰求、 醫生予以詳加檢驗，以便根拾，經往臺大醫院作了胃 鏡透祖及拍照後，醫生已判斷其為胃癌。惟當時僅告 以胃有潰窩頭立即住院手術'否則有生命危驗。恰於 此時嘉義第五區主程處處長工作剛剛發表，啟賢兄以 手術及接養等約獨時兩個月，責任心畫，途末手術師 赴嘉義工作。兼因到任之朝一切均不熟悉，工作自屬 辛勞，因之胃哀、情形日漸加劇，疼時甚至蹲坐無法站 起，遂由啟賢搜至嘉義接同蓋北榮民總醫院手街，手 術後經過良好，為使其能與家屬合作好好休養，遂將 病症實況告知可經休養月餘後體力多已故復，師再往 嘉義工作。其間由於其工作辛勤及領導得當，使五區 工程處獲得了從未獲得過之榮譽，全省養路競賽第一
EnCD自 faginglnventionand~
Applied Science
inA師erieaand
the Republicof China'
名，此外並研究改裝各種築路機拔，使五區工程處養 路工作機械化叉更前進了一步。本年元月病發，醫生 囑立即住院詳加核查。於我私下拜訪其主治醫生時， 醫生告以藥物已無法治療，亦無法再作手術。自其復 發起至去世止，其間僅約六個月，其中必最後之兩三 個月最為疼苦，因癌細胞蔓延關係背部應痛異常，惟 不論如何疼痛從未聞其呻時及哼吽一聲也，啟賢嫂於 此兩三個月期間，在不解帶，眠不臥，床，日夜服待， 情極辛勞，同事及友人等均極欽敬。 KA可啟賢兄巳去矣 ，此不僅係其一家之痛，亦係我公路界及整個工程界 之損失也。為留永久，之紀念起見，擬將其生前之各種 著作及蝙譯撰寫之各種文字予以彙集，且稜俟機編印 成冊，藉以流傳，亦所以紀念故友也。 U懼怕賢夫君靈前
張黃泉軒泣說
- 43 一 三}~講詞係 Mr. Rines 在交大所講。經渠之請求，本學年度 將入交大博士班研究，正由教育部核定中，純為外人申請入中國 博士班研究，空前之舉，亦母校之光榮也。' (續前期)It 'maybe of further interest to you to learn something
-of the ve
r-
yearly history and development of the:p
atent-law in the UnitedStates.It became theduty of Jefferson and the other two mem-bers of his patent board to decide wh~t kind of innovation should, and what kind should not, be rewarded by the grant
-of a patent; that is
,
which kind of invention,
if protected by.a patent, would contribute to the public good. The before-mentioned first American patent law laiddown the require-ment that, to be patentable, aninvention shouldbe "'su£f ici-ently llsefulalld important.'" But what is "'sufficiici-entlyusefu1?, :and what "'sufficiently important"'? Jefferson put the question
.in the-£oUowing words:
"'for the benefit of society
,
I know well t_he difficulty of drawing a line betw~en the thingswhich are worth to the publicthe embarrassment of an exclusive patent
,
and those which are not.'"
Jefferson andhis co-members of thapatent board form-ulated severa
l)
undmental considerations to guide them in the task of deciding whether or not,
in any particular instance,
togrant a patent. I shall dwell upon this topic becauseour experiences in the Dntted Stated may perhaps serve toguide -your OWn Patent Office in its future activities.
- 44 一
AnAddress by David Rines Attorney
Rines and RinesBoston, Massachusetts Chiao Tung Uuiversity
,
Taipei June 12th,
1969十六載敬愛這恆，倍去相期，何忍獨
生遺血淚
兩年開聲無不懈，受心無告，那堪筱
As another example, the thr ee-eleme'nt vacuum tube that was 'invented hyDro Lee DeForest
,
and which'made po量sibleremarkable advances in commu
n,
icatioll,
was at onetim'e pronounced,
in court proceedings,
tobeonly ~a worthless piece of glass.~As still a third example
,
before theera Of the Wright,brothers, skilled sci
e.
ntists had ~proved~ mathematically thata heavier'-than'-airmotor-controlled flying machine was a physical impossibility.
And,·within more recent times, the U. S. Nav歹 could at first see nothing in theconceptof the atomic bomb; andthe mighty' Eastman Kodak Company in either, the elect全ollie
flashphotogsaphy of our client
,
Professor Harold E. Edgerton,
of the Massachusetts Institute of Technology or Edwin Land's Polaroid self-cleve loping camera.
So it is no longer necessary, according tothe law in tne United States
,
thatan invention be ~important~， in order to be patentable. It is sufficient that it be novel and useful.uall
Y'.
been worked out in the U nitedStates is that the" subj-ect-matter as a ~whole that is sought to be• patented would not have been obvious at thetinre theinvention wasniade to a persOri having ordinary skill inthe art to which said subject-matter pertains. If..itwould have beensoobvious,
the public must be deemed tohave the right to use it, and it can not
,
therefore,
be permitted to become contr6lledby a patent.It is still the law
,
in the United States,
that,
in order that an invention may be patentable,
,it mustpossess' ihes'ethree 主equiiementsof novelty
,
utility and unobviousness.Much has been writtenon the theme that the 'day of the little inventor is over
,
and that indentions are now niade only by. the 'research departments of the great corporations.This is not true. It is still a fact 'that,most important inventionsaremade by the little fellow
,
often a university eni:
6
:rieetorr"esearcher, and usually all that the great corporationsate
able to' contribute is to perfect these little-fel1owinventions 一的一
For 'oDe.}hirig ，]e£fer益。且這量的 ffnt;bo'ard'requited that an invention
,
to he patentab扭， must first of all be new. Patentsr ha在 beengranted ♂ lon g- before; 、iii th區 nidther count旬， Great
Britain
,
but for.items notnecessariLy having any bearing upon novelty. The British Crown hadgranted patents to favorites Cnotinventors) ; for example,
for the exclusive right to dealing in salt,
and to manufacture ,playing cards. One of揖 the copc1usions that the patent board arrived at
,
however,
was that nopaterit ,shouldbeg
:r
antedunlessthe inventionintroduced something new in the' teahri. Things i1ia:twere already commercialized were to belong to thepublic
,
and were not to be controlled by,a patent.A secoridrequirement that the patent hoard laid down for patentability was that the invention must beuse£uI. Patents were notto be granted for crack-pot trivialities.
It is in order to point out
,
however,
that,
though the first pat巴nt law of the United States la沾 down， as one of the criteria for patentability,
that the invention must be "'suffici-ently useful and imp()rtant~， it is no longer a, requirementfor patentability in theUnited States that the inventionbe
~important~.Experience has demonstrated that it is impossible
for anybody to know, in adv平 nCe of experience, how ~impor
tant~ 'an invention may turn out to be in the future. As an
illustration
,
the telephone,
invented by AlexanderGrah且m Bell,
is today consIdered to have been a very ~important~invention. At the time that it was originated, however, it was regarded asmerelyan interesting toy
,
without any future commercial value whatever,
and its promoters experienced great difficulty 'in their efforts to raise capital for the Pllrpose of exploiting it. A very prominent Ametican, Chauncy Depew, was offered hy these promoters a one.-.sixth interest in this:telephone invention for only ten thousand dolloar~， and he refused the of£eLWouldyou today refusetobuy a one':":sixth intHest in the IIluHi-billion dollar telephone industryforonly ten thou-sand dollars?And a third requirenientf6r patentability that has grad--45 一
一， /一
I;lology laboratories,were patented and widely licensed toleading
comoanies. With the aid of these inventionsand also the inve-ntions of others, incluιing those of Bell Telephone Laborator-ies, inthe radar. communicatications and industrial fields, these companies and others developed microwave technology to its present state. The microwave waveguide and horn came to the aid oCthe Allies during the lastwar as a most potent weapons contribution. This fm'ther stimulated Professor Chu
,
moreover,
to develop his own microwave and antenna manufacturing company
, _
Chu Associates in the town of Harvard,
Massachus-etts. And Dr. Chu'spersonal contributions to the Massachusetts Institute of Technology and many other universities,
including here in Taiwan, are legend.Another of our clients
,
a very famous inventor in,
amQng other fields,
the field of sonar and radio communications,
was• the late Professor George Washington Pierce,_of Cruft
Labor-atory; Harvard University. Professor Pierce consideredit to be so important that his studentsshould acquire a knowledge of patent.law that he arranged that first I
,
and then later _my sort, should lecture to his students on the elements of thatfield of law. Professor Pierre~alsostimulated .):~is students_to make~nventionsand
,
during the depression years,
when jobswerehard to find
,
-his encouragement took tangible form in thathe employed them, _
at his OWD. expense,
to help him with his own inventions. He developedthe magnetostriction sonar oscillator and driver,
and the piezoelectric crystal oscillator thateven today still bears his name These inventions, the patents on which r.eturned him millions of dollars in licensing royalties~also helped the commercial developmentof several small com-panies
,
such as the General Radio Company of Concord,
Mass-achusetts. Pierce's inventions,
'furthermore, _
aided _giant compa-nies like RCA, the American Telephone and TelegraphCom-pany, Bend汰， Motorola and many others to develop two-way
radiocommunication. These inventions also provided significant
~le<;tronic t.ools for warfare thatenabled our Navy to protect the Allied Merchant fleets from the lurking menace ofen~eIllY
一鈞一
[
i
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This has been demonstrated over ad over again-Zthas been
demonstrated， inde~d，
ill my ownpraetiee and thatof .my son. Let me give youseveral illustrations. /d Among our clients has been the before-heatiOIled profr
sso正、Harold
E
EdgertGIl-with the collarboration of hi-twostudents，戶 Kenneth 工 Germeshausen and Herbert E. Grier,
inpa主tnetship， he pioneeredεlectronic-flashcircuits useful for stroboscopy and photography.They started out a consultaRts
,
and then bezan InaziufMturing products embodying their inventions. They also. began licensing others to manufacture. Their business now has matured into a very large corporation,.R
G&
G, _
employing thousands of technical and business,-employees
,
with branches all over the world. Itwas the patent system that prevented piracy and copying of their ideas,
during the infancy of their business and that enabled them -to make this significant commercial contribution to their countryand the world.
Arid
,
in time of strife,
their inventions went into wide use as instruments of war to help their nation--in radar,
reconnais-1立ce photography
,
exploding mechanisms,
and other applications. Besides reaping considerable fiuaucial reward for themselves'、the have ger1erouslykadowed the Massachusetts Institute of
Technology and other institutions of learning. The newHarold E. Edgerton Building and Kenneth ]. Germeshausen Chair are two among their lastingcontributions.
On a somewhat less massive, but-equally important, scale,
is the story of the effQrts of our beloved before-mentioned Professor Lan Jen Chu. Aided by myso泣， Robert H. Rines, and the Academyof Applied Science of Cambridge,"Mass<;l.chusetts,
he. has been endeavouring to get this same kind of cycle started here inTaiwan. While a graduate student, at the Massachusetts,
Institute of Technology, Dr. Chu pioneered microwave waveg-uide andelectromagnetichorn techniques with Professor Wilmer
,
L
Barrow,
later Vice-President of the SperryRand Corporation. Theseinventions, testedin the:M
assachusetts Institute of Tech一-movln一
submarines and achieved reliable air'-to air and other g'-vehicle radio communieation.
Again, our nation and theworld,
commercial companies, and the inventor rewarded.
Thereis also the exaIJ.1ple of AN W ANG, one of your illustrious alumni
,
and reknowed inveiuor of unmorycores,
who alsostarted'h
is oun compa斗y Wang laboratories.And we sincerely hope that the provision of university rese
a.
rchlaboratoryfacilities, such as thosebeing dedicated at the National Taiwan University and insway at Chiao. Tung University, may provide similar stimulation here. Coupled with your own vigor, imaginationand enthusia.
sm,' and t-he encouragement of your patentlaws,
this >maywell serve to bringthis same kind of creative entrepreneurshipto the Reoublic of China.Youanot, at the present time, lack investments by great our universiti告s， our were all most amply
閩、互交通大學同學會
第十入屆第三次理
corporations. You should not
,
howev~t， h~;e despaired even if th~ehad,been such a lack. I have described several examplesof,great benefits、 conferred upon the world by the little-fellow
inv~ntors who were not connected withany great corporation.
you have always throughout the ages had,' and still have,
great inventive ability among your individual selves-Many of our most important inventionswere made in Chin包 long， long befo;e they werere-invented in the W叫人11 that you need
,
in order toget your inventive brains working again, is to stimulate yOllr potentia.l inventors. The inauguration of .your Patent Office indicates' that you areaware of thisfact.
監事聯席會議紀鋒
日期 •• 五十八年十月十四日下午四時 地點 •• 臺北市鐵路招待所 出席 •• 陳樹曦張仁滔章紹周唐慧貞 玉章清(段清濤代)段清濤 葉佩蘭(唐慧貞代) 郭宗太(出國)繆超鳳(出國 )L 列席 •• 李盛春李孟遲王迺基一翁兆慶 主席 •• 陳樹曦紀錄 •• 王迺基 事項 鈕伯…芙 甲、報告 、一一、主席報告、(略) 一一、總幹事報告 L 同學通訊錄，現正在積極校對中 1 預一封五十九 年元，且可以出版。、 且本會會址，已於本年八月二十日遷至臺北市西 的學北路六號新扯辦公。並於八月二十五日報請 社會局備案，副本抄送自政部在案。 qa 本會所存早期友聲，已著手清理，餘自一一七〕 期起每期保存十冊痺，其餘已分別包札 R侯內 2 部清理後，列冊分贈母校及同學。 4 本會所在舊夫建申今-尚多值得保存，需再加"
I have found a number of parallelsbetween your country and mine. Insofar as the parallel relating to encouragement of invention is concerned, it has contributed materially, in my country
