New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1849-02-08
Patent Law.-Protecfion TO Inventors.


The following interesting letter from Hon. WV.
II sEwARD to Hen William B Msclsy, Member Of
Congress rom this City on the subsc; Of reform in
the Patent Laws ar.t appeared in the J0lrHai y Con-
msr-s, psper which revcr misses az opportunity 70
trsdace Wing measures ard WI. statesmen. Accord.
iasy 10 Introducing Mr. Stewards letter the Jgrru6L
while approving TIE bll tire Governor proposes, as
genera and 10. particular in i. application ironically
presumes that It is not designed 20 affect case IN
which tae Ex-Governor i Interested either IS counsel
or Otherwise We do not envy the man who IS ever
peerng sbou, Tor An evil selfish motive Tor ProPo
sii8n or an &C; p4lpasiy Just and proper in Itself
slR TIE constitutional power % Congress % siiuu
ate discoveries in she ais rui sciences o csctusy
exerciscd would promote the public happiness ard .l
the greatness aad Ienown % or country, more
than the Eccsi commerce OF the lrosdes; cln4lests
ts policy founded iu justice. u1t ess t1an ~ Wis
dom Do secure O. -c0Ferers tie r.Eat o. Use
tld license Others % Use their Inventions, Tor ine
short per- oi o-4cen years. as al cquiEasi i9f ilc
gre ler acFalia-1 vcu society and m- ana gan -
fl Tree and universal ~ lymelt @ t1lse DISCOVERIES
TOY ell tine thereafter . ought therefore % oc wisely
established sui lrm.y and successfully administered
i g cannot b. established and admin stored then u
ou-a, 10 be- aiogetter reinquished. beuenceri avs
amp.ed under ioof are worse than defective code.
TIE pstsnt Iursprudence 81 the United states has
hithe - signaly failed wtle pr pcrty elnslstns IN
either laLc. 0ley m0Fatles, = successfully ana
perfectly secured o. its owner n every state and Ter
r.ry bv ..s laws snl lille these awe guard tfen me
iefcs % and tar mission Of such property through
Successive gen@rstio-s the property oi me inventor
consisting u 'le creations ~ rs -WA -rL4-s - tx
posed o. deyrt 1at.0rs on al sides Hlch drive nm
ilt1 endless litigation. Vhere justice is ptNei ana
defeated - prejudice, caprice sud comJinaton-
ls assertion q 100 well proved oy me RECORDS oi OUT
C0lTfa and their ports ard ~ Tue cplcliiLs t'-
fiu.ouy at the successive Commissioners - lettls
We Know historically and certainly that men az genius
have made inventions Shch enlarged the boundaries ~
science and relieved the severity a. human labor, some
times working marked and sstlng change in the very
condition of society We know that once there was
cot0n-gin NJ csstiron plow' no machine Tor
turning irregular forms, no steam locomotives on
rivers or railroads. We know that such machines
have been invented and brought into general use
C0nemp0rsneous Information likes the date OF these
discoveries accurately. and unerrngly assigns tie
honor arising from them 10 proper owners let u
We turn 10 Judicial records. which are suppofed T.
eak with sbsoute verify ind them s'sifyine al the
coHtc mporaneous information. and proving against AL
truth that inventions which have been made IN our own
country and before our oeu eyes we're known andused
10 other countries long before We were bora
The consequences OF this failure OF Patent Juris
prudence are 10 furious As they are obvious. There
IL spreading dem rszstcn resulting from lii cation IN
which fraud often successful and perjury gains pro
fuse rewards The Patentee bafed and ruined, comes
to the Commissioner Of Patents at the end Of fourteen
wears and obtains an extension the ground OF his
failure 20 obtain remuneration BY reason OF disastrous
cation. he even comes 20 Congress a. the close oil
the same ground. The claims iusi. snG be cannot
properly be denied Thus monopolcs which are design
ed ~ be be and which ought 70 b. 30 are protacsed
through more than the life OF generation.
Inventors Jurists and Committees Of Congress, as
we As the Commissioner of Patents have from time
to time suggested schemes to reform these abuses and
have urged them earnestly but without success aud
IL has At length come TO be regarded a. doubtful,
whether the policy Of the Patent laws be sustain
ed az s'l doubt not that some Of those schemes
would be found proper and efectua, but they are
complex and elaborate and these characteusucs pre-
vent their obtaining due consideration.
respectfully submit for your consideration bin Of
different structure which think would correct the
evils which all acknowledge. Il Is bill simple and
short 1t contains only two provisions and these are
Just and equs
The hrst provision H. that any person interested may
on proper notice. 81 any time. in proper tribunal
prosecute action for repeal OF any patent and that
such repeal shall render the patent absolutely void
The second is that after pstent has been sustained
BY verdict and judgment IN seton AZ law il shall
be deemed conclusive In All such actions brought after
wa "a. until the patent shall have been repealed
The fret provision will enable US 10 sweep away by
single tral any patent which has been mprovdtntly
granted. The second will enable an inventor hose
patent has been justly granted and udicay estaOshed
enjoy ts benefits subject % the rights OF all parties
Interested 10 impeach 10 action OF repeal but not
elsewhere.
The practice Of defending suits which We now have
e the same which very properly obtained IN ing |
and because Patents are always granted there VITA
out previous examination 10y the Government The |
aw WAS the same IN this country until the act 81 |
s36 passed. Since that time all applications |
regularly cxamrsd Not less than three fourths
VI all applications re- lctsd- The Patent IL now
sanction by the Government itself OF the originality
o the invention and of the suf iency OF the speci
locations IL would be ia harmony With the law, 10 /
make the patent thus soemny awarded conclusive. |
until It should be repealed by competent tribunal |
Bat the bin submitted does not 20 far. IL proposes
only that after Patent has been established in fair
trial At law, brought BY the Pasniee, litigation shall
except ia the direct way Of action 10 repeal
he patent
humby invite your consideration OF this bin as cal
,ulated % produce great public benefits. And have
the honor 10 be- with great respect. your humble
g6nt WILLIAM II. SEWARD.
To Hon VILLAS g. MAcIAY