New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1845-11-20

which they are intended
2 The Office OF Examiner Of Patents viewed in rela
ton both the existing law and the suggested amend
mcnts il of Importance that hardly be estimated
except by those who have watched the bearing OF Their
upon the national industry To perform Il wei! re-
quircs not only uuc! previous attainment uut p"C
in its duties. Now, il appeared probable 10 Tue Con
venton that the compensation AZ present allowed mem
by law will hardly suffice induce persons oicompeteht
sb:y TO become candidates for the appointment WINE
il certain that in position where TIER talents must
speedily become known Il would be Impossible Il III 10
continue in Office that they should not receive offers OF
far hi cher cmcuIncnt than ls now allowed tieast one
,,o-, efficient officer has thus been lost the service,
and an whom il would be desirable 20 retain must fol
inv In consderiu. this question, il WAS the opinion oil
The Convention tha; salary OF lees tran three thousand
dollars would be sufficient 10 command and retain
the necessary talent: and II making this suggestion
the Convention. comprising strong representation OF
those in patents united in The opinion that no
dececy ought prevent their recommending the al
lngancc of such sasry f0r while Congress are the rs-
tees aud disbursers of the fund whence i must be paid
the fund efis made W. OF the fees received ior grant
ing peiens and is in fact drawn from the purses oil those
whose opinion on the subject Is thus set forth.
@ The Convention, while willing TO bow TO the neces
SHY of submitting 70 the Limitation OF the duration oil
rights founded on the claims of labor 10 remuneration
would vet respectfully urge that the history OF patent
rights in the United States rarely shows tnat an adequate
remuneration for the most successful uncCntesled patent
can be attained within the fourteen years no" prescribed
bv a,y while under the existing OF proceedings
nj law contest has been in mo-e than one instance
continued by those who have niriG.et them, or ne
that period. lce inventors az COpy
therefore think that il Is unreasonable request mat
the duration Of all patents hereafter granted be extended
twenyeght years, and IN making ms suggestion they
appeal to the encouragement granted 10 coord!ha'e
pursuit. by which The copyright oil authors has ccen pro
lonced 10 period OF thai extent
Finally was considered that the process now pointed
out fer appeal from the decision OF the Commissioner
Patents arbitration, and thence 10 the supreme
Court was clocced with a condition anomalous IN ega!
proceedings namely the provision that whether success
nl or not The appellant should pay the "hoc costs foF
this evil it is proposed that remedy be asked ii an
enactment that costs shall only accrue against TIE appel
liant in the case Of his defeat That these suggestions
should be embodied in petition 10 Congress praying Tor
their enactment az amendments or additions TO the exist
iuc patent laws agreed upon with absolute Uneih
inv aud il WAS in addition resolved that COMMITTEE
should be appointed 10 submit the views OF the Conven
ton to the Commissioner OF Patents and 10 solicit nus
official aid in having them carried out lhht 30 af IL III
his opinion tue requests II the Convention are retsuna
able and conducive the pubic interest they VIII re-
rave hi. srnunrt they have full confidence both from
the station Of that gentleman and the interest which
during mis- short tenure Office he has already mani
tested in those OF which n" lie oncaiiy me
patron and guardian.
In adopting the last part OF the resolution enough OF
opposition was manifested cal forth an expression 81
the Convention next unanimous. OF the cheeruiness
with which the individuals composing it were willing u
enrust their interests his charge ana that this occur
red the fortunate. indsinuch a. hanGe had
been made OF some iDcautoUs expressions oil single
member of the Convention for the assertion that a7
body il had no confidence in the qualifications OF the
present incumbent OF the Office an assertion when THIS
decisive vote deprived OF any solid foundation
In such diversity OF interests and views as were
representa-, al the Convention II is not surprising That va
rous other propositions and suggestions should have been
brought forward for its consideration With excep
iion the foregoing received the sanction OF the
Convention ami j, differed from them in not receiving
an unanimous This suggestion is therefore pre-.
scented with less OF confidence thnn these when we nave
already sat forth and perhaps subject Tor discus
SION rather than believed on all hands TO be abso'
lutcy necessary for the security O! patent rights II Is
that upon the trial OF rights to patents the jury small be
selected, far possible from persons conyersant
with the art or science III question
Another proposition win great favor in the Con
vcnon and ahoug the Committee 10 whom the sever
al proposals referred did not nj 10 report H. yc'
their opinion founded upon s application TO peg
actually seekin- obtain pa.en and IN that point
of view was inconcsaby correct get subsequent nquT
les have shown that there Is large class on whom the
proposed change would work TO the great advantage OF
the public.
The suggestion referred for the reduction OF
the fee required entering cavca; and the objection
was thai this fee more than advance OF part
that which became due taking patent It could
make little difference TO the applicant and the.o
fore would be inexped;cnt 10 urge while matters o.
vital Importance To him under discussion. has,
however since been ascertaned that there arc many
persons who desire Tor the purpose OF advancing ther
reputation 10 perpetuate record OF discoveries from
which they anticipate no direct cnoIuneht trcn per-
sons are rarely willing incur the expense OF recording
cavcat There are also others who are well content
that their discoveries shall become public property aud
intlr
in question by persons who. in the joint ignorance OF
themselves and the examiners Of what has been done IN
secret shall take out patent for the sarc lnVeal9h-
To these also record would be oil great value; ana yet
Il is hardship that they should be subjected 10 tue
present cost OF recording cayeat when they do not
purpose found upon il claim to exclusive use
Whether any provision shall be made by law 10 meet
cases of the above descriptions is also thrown out as
subject well worthy cl inquiry
In masking this sppea 10 incir fellow citizens for the
protection Of their interests the Inventors OF the United
States are that hey have certain prcludce7 oolh
on the part the community and OF legal men - con
tend with BY the community il appears TO be con-
sidered that their rights are no more than the creations
OF the Patent Laws, and that so long as tue iiic ee
OF those Legislative enactments is not violated 10 mora.
wrong IS committed ~ the e'ason or infringement OF
Patents Influenced by this view OF the subject. those
restrained by feelings of honor and scnsc c character
from crasp;n the movable goods removing the land
marks OF their ne.hbor, no breach OF the laws oi
honor or Of the moral code il they the invention
Claimed by another until he shall compel then to pay
him damages y legal process Jurs;s, IN tracing the
history OF Letters Patent! md the origin OF ther cAstius
form that o the grants by arbitrary Monarchs 10 Royal
fayUritcs consideration OF sums OF money. Calling
up the memory odious n,onopo!es would seem thai
the policy OF the law has treated them such, grants
OF the domain Of the public which 10 be construed
in their aost ana strct sense. III decisions
in fact seem 10 vew them the evidence OF title 10
property derived solely from the favor OF Inc Govern
irent Instead of being as they really are the mere
record Of natural right IN tue lGESito! "nlca iI!e
soca. compact has chosen 10 int and cOnlne 10 Nus
Finger OF patent by analogous the latter IS hed
by the existing form OF law in The advantageous sht OF
the party OF real estate the former III tHt
OF on. who seeks eject him. The rules oil cur Courts
and the forms Of our processes are except when nod
lied BY positive statute the those OF the Mother
Country; and what is called the unwriItcn Law OF Pa
tents than series OF decisions continued in
an unbrokcn chain FROM the time in which the Judges of
the land We're engaged in breaking down the exclusive
grants OF Royal prerosstive by which even he trade in
the necessares OF lie and the OF large paris
OF the habtabe world converted into closely
guarded monopoles.
That such IS not the gh, in which patents granted
legitimate ought be considered. either by
the public hy the ministers of justice is susceptible OF
proof in the abstract and is addition truth caPa
lie Of demonstration tina, policy would Lead to the
favorable 0i such instruments TO their
holders as one OF the hes, means OF advancing our
national prosperity.
1t is in the first place respectfully urged upon the
People OF the United the results oil the labor
OF the mind justice. much the property
the aborer those which derived from The work
OF the hands Nor IS this proposition in relation 10
which there IS any question, either in theory or practice
in cases where he immediate product OF the labor IS
material Object and where the hands work in obedience