The Propaganda for Reform in Proprietary Medicines, Vol. 2 of 2Council on Pharmacy and Chemistry (American Medical Association)
Science
The Propaganda for Reform in Proprietary Medicines, Vol. 2 of 2
Council on Pharmacy and Chemistry (American Medical Association)
Patent medicines
In support of the Council’s contention that the patent law procedure
requires revision, the following is offered: In 1912 a U. S. Patent
(No. 1,031,971) was granted on a cresol derivative, metacresyl acetate,
a product described in chemical literature in 1903. When the Council
inquired as to the grounds for the issuance of a patent for a substance
known to science, the Patent Office replied that it was not familiar
with the publication in which metacresyl acetate had been described.
It seems evident that this patent would not have been issued had the
application first been submitted to a government department familiar
with chemical literature.
An illustration of the granting of a patent on the use of well-known
chemical bodies which present no discovery or originality, is the
patent issued for the use of peroxids, perborates and percarbonates as
ingredients of tooth powders (U. S. Patents Nos. 760,397 and 802,099).
Regarding these patents The Journal of the American Medical Association
(Sept. 20, 1913, p. 978) commented:
“The patents held by McKesson and Robbins give this firm the
exclusive right of manufacturing tooth powders containing peroxids,
perborates and percarbonates. It is another illustration of the
unfair monopolies that may be secured under our present patent
laws.”
GRANTING A PATENT TO A NOSTRUM
Again in 1913 U. S. Patent No. 1,081,069 was granted to a citizen
of Switzerland (a country which does not grant patents on medicinal
preparations) for a “composition which is intended to be used
internally and which confers to the organisms immunity against the
following microbial infectious illnesses: _diphtheria, pneumonia,
typhus, scarlet fever, influenza, septic infections, cerebral-spinal
meningitis, syphilis, pest, cholera and tuberculosis; it is also
effective in another kind of disease, viz., goiter_.” (Italics not in
original). The patent specification states that “The principal of these
substances is creatinin ...,” but offers no evidence whatever that
this well-known chemical body has the extensive and miraculous powers
claimed for it. In publishing a notice of this patent The Journal of
the American Medical Association (Jan. 3, 1914, p. 54) explained:
“It appears that the inventor is dead, and that his estate took out
the patent. Since this great benefactor should have been, by the
use of his preparation, immune to practically all diseases, he must
have died of senility, although this seems hardly to have been the
case.”
and held:
“Assuredly granting patents on such claims ought to be sufficient
to show the need of a change in the methods of granting patents--at
least of the methods governing the issuance of patents for
medicinal products.”
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