The daily union. [volume] (Washington [D.C.]) 1845-1857, 1847-04-29

paten securing his invention should be received by the
courts trying the Same conclusive evidence OF nus
to recover damages until they were sc. a,@J
for their repeal The other provision Tor the insl,-
tuition of process for the repeal OF letters patent which
had been obtained by fraud Misrepresentation, or upon
false sooestion or which yod IN whole or In part
for want Of novelty, other cause The very inadequate
protection afforded to the patenee by the present law
seems TO me TO furnish sufficient reason Tor the proposed
modification.
every invention passes at the Patent Once certainly
reasonable that the letters patent under the seal OF
one of the offices of the government OF the United States
should be received in courts of justice conclusive evl-
dence of the title OF the Paienlee to his invention and ms
right to recover until his patent shall have been revoked
and annued for good and sufficient cause, by tribunal
competent to investigate the matter
But the present law extends no such protection TO the
patentee AT present his letters patent are only Pesup
fUe evidence of the novelty OF his invention and OF ms
right to recover. Consequently, the validity OF his pa
tent may be- and for the purposes OF often
is put issue in suits Tor Infringement and he is com,
PEELED to prove the novelty OF his invention over ana
over again, often as the depreciation upon his rights,
whom he seeks to punish is disposed 10 put him to that
trouble
Many instances of this wanton aggression upon the
rights of the merltorious inventor have come to the
of the undersigned since he has had the honor
be at the head of the Patent Office And many of these
instances of aggression proceed from wealthy and power
full companies and corporations and the subjects OF them
are the inventors of the most useful and valuable ma
| chimes and improvements The more valuable the IN
vcnton, the liable is it 10 piracy and infringement
These wealthy and powerful bodies know well the bene-
fit to them of the laws delay and its runous expense TO
the single handed individual who daes to resist Their u
lawful and unjust invasion OF his rights and hence IN
the end they hope to win, either by the defeat OF the
patentee by means of some rling defect in his title deed,
or his inability procure the necessary evidence to sub
stanate his right, by compromise, in which he will
be forced to sacrifice portion OF his claims In order TO
relieve himself from the embarrassment and expense OF
the unequal contest
AS the law now stands, the great burden Of the con-
oyersy falls upon the patcntee and upon the wanon
,tnr af hIp rIrhfc ~ 4 chn
| In this view of the matter, think all candid men
will agree that, when patenee has estaolshed, IN
the Judgment OF the Office or tribunal whose duty It rs to
pass upon his claims in the first instance right to letters
patent of the United States that document should be his
shield and protection until it is shown by others, who
| dispute his title, that he has no right to ii.
am aware that there is prejudice existing IN the
minds of portion of the community (small believe 1t
is) against the claims OF inventors is contended by
of machines or processes OF manufacture are
monopoes, operating to the detrmen OF the best inter-
ess OF the community, and existing against the true poll
OF all Just governments and, therefore, are TO be re-
garded with suspicion, construed with great srctness,
and defeated if possible.
am fully persuaded that, on little reflection, such
view of the rights OF inventors will disappear from the
minds of candid and reasonable men. What are the
grounds which all civilized and enlightened govern
ments grant to persons making valuable discoveries in
the arts and manufactures limited monopoly OF the ben
ehts OF their inventions The main ground is to encour
age discovery and invenonhose great agents OF social
mproyement-by securing to those who make them the
profits which result from them in order to enable them
remunerate themselves for their tolls and expenditures
and to induce others to explore the vast and limess
field OF invention
Every new discovery in science and art contributes to
the wealth, convenience and comfort of individuals. and
to the Improvement Of society Some OF the inventions
of the last few centuries have burst upon the world with
the brlliancy of the morning sun, changing the whole
aspect of society," and comforting ncalculable benefits up
the human race need mention only the art of print
ing the discovery Of gunpowdcr the steam engine, the
cotton gin, the spinning jenny, the power loom, the
steamboat, the railroad, and the magnetic telegraph.
These great discoveries in science and art have reyou
ionzed the condition of the civilized world, and their IN
uence at this moment is probably more potent and more
sensibly felt than ever before.
mention these great discoveries striking instances
of the effect of the abors of the inventor upon society
and civilization There others of less noe producing
their due influence upon the condition and welfare OF the
world Even the most humble discovery contributes its
due proportion to relieve the human family OF its burdens
and administer to its comforts and to accelerate and ag
grandze its unceasing and triumphant progress IN the nm
provemen of its condition. and the expansion and periec-
lion of its lofty nature and destiny
Therefore, there is ample reason why society should
reward and encourage that class OF ITS benefactors whose
claims am considering, by securing to them Tor
limited term the exclusive enjoyment oil the fruits OF their
genius and labors.
But il cannot be denied that upon the principles of alb
srac justice, the inventor has complete and unques-
onabe claim TO the fruits OF his discoveries until his la
bors and sacrifices are adequately remuncrated;
Many valuable and profitable discoveries IN the arts are
the result of sudden and lucky conception in happy
moment but most of them the fruits OF days and
years OF ncessant toll anxious and harassng thought,
and these pecunary sacrifices, establish title to the pro-
duct which is their offspring, sacred and rreagable in
the eye of Justice the title to his farm his workshop,
his merchandise, which has acquired by his la
Dor, SKILL and economy So clear and convincing this
view of the right OF the inventor to the fruits of genius
and labor that argument in its support would seem to
take from its strength. Yet the equally strong
that the inventors exclusive enjoyment of his discoveries
should not be perpetual but should be permitted only for
a limited period.
All Inventions great and SMALL generally have their
period of BIRTH growth, maturity, and PERFECTION II the
latter term be allowable And if mind conceves and
gives birth to the first idea many assist in its develop
ment and expansion. Probably piece of mechanism
made which perfect in all its parts at its
first creation. The steam engine interesting and
ton, from its first conception in the mind of the inventor
to its present wonderful state of perfection and eicen
cy 1t first appeared in rude FORM unweldly and dan
gerous to those who dared to operate ia thing designed
more for experiment than utility; and now after pass
ing through nearly two centuries of Improvement aud
taxing the highest intellectual energies of thousands OF
ingenious and skifu men, appears to with perfec
lion, the nice and delicate dusment of its machinery,
which astonshes and delights VS., and efficiency and
power of action which enable to confer the greatest and
most lasting benefits upon mankind
The history of this wonderful engine and instrument OF
civilization shows clearly and cOncusvely that the
claims of the inventor to the fruits OF his genus should
not be perpetual does that he should be permitted to
enjoy them until he is adequately remuneated for his la
Dor and expenditures for il his right to his invention
were perpetual and exclusive, no other person could i'm
prove it. because he could not use his Improvement with
the original invention, and therefore not at all Ihs
would UNNECESSARILY retard, if not wholly prevent all
improvement OF original Inventions and would result IN
incalculabe injury and mischief to society.
Hence, while admitting the unquestionabe justice OF
the claim of the inventor to the fruits of his genius tor
period of time sufficient to enable him to remunerae him.
self adequately for his tolls and expenses, is absolutely