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
We submit, that had the department of the government entrusted with
the enforcement of the federal Food and Drugs Act been consulted as to
the claims of this patent, it would probably have advised that, if the
absurd and palpably fraudulent claims set forth in this application for
a patent were made on the label of a preparation of creatinin offered
for sale in interstate commerce or in the District of Columbia, the
vendor would be prosecuted.
In 1914 there was issued U. S. Patent No. 1,086,339. Here the
“inventor” declared:
“It is the object of my invention to destroy parasitic
micro-organisms, particularly on living tissue without injuring
the latter, by progressively evolving sodium hydroxid contiguous
to said tissue, from and in a moist mixture of calcium hydroxid,
sodium carbonate, aluminum sulfate and boric acid....”
In a word, this patent apparently was granted for the production of
sodium hydroxid by a chemical reaction which had been in use for
several centuries. Because the patentee had twisted the granting of
this patent into a quasi-endorsement of his nostrum, the Council’s
consideration of this preparation was sent the Patent Office as a
protest against the present law which authorizes the granting of
patents on unproved and improbable medical claims. At that time the
Council was informed by the Patent Office that reforms in the issuance
of patents for medicinal substances had been instituted, and that “the
trouble will not be so pronounced in the future as it has been in the
past.”
FLAVORING EPSOM SALT A “DISCOVERY”
There was issued early in 1917 U. S. Patent No. 1,212,888 for a method
of flavoring Epsom salt--yet this “discovery” is a procedure which has
been practiced ever since the cathartic action of this bitter salt has
been known. Not only does the patent describe a process long known to
physicians and pharmacists, but it sets forth claims that the flavored
cathartic salt produced by the process cures flatulency, indigestion,
sick and sour stomach, colic and destroys worms. In commenting on this
patent The Journal of the American Medical Association (June 23, 1917,
p. 1914) was constrained to remark:
“The splendid conception of the framers of our constitution in
providing a plan for promoting progress in science and useful arts
by granting to inventors for a limited time the exclusive use of
their inventions, in exchange for the publication of full knowledge
thereof, is being debased. No branch of our government is of
greater importance to the progress of the country than the patent
office, provided that office is intelligently administered. When
the patent office is used, however, for an extension of the nostrum
business, founded on the abuse of patent and trade-mark laws, it
becomes a menace to the public health. The objects of the patent
law are being defeated by the practices of the patent office.”
Public-domain text, read in full here on John Shaqi.
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