New-York daily tribune., 1849-02-16
Patent Laws-Prorectios TO Inventors.

Under this head writer in the Journal Of Com
nero, replies TO the letter from Hon. Wm. n.
Seward upon the Patent Laws, vhi.h Wa recently
publi.hed 10 Tie Tri,uss Az me subee, % ore Of
great Importance make room for the main portion
Of the reply
The es Governor h.s wri,tsn - h Htigstious or
Letters Pssn, we're always between 81 acknowledge
inventor Of the tkrg coutended FOR and not clan
Ing 70 be t1e Inventor sppsrsliy forgetting ihaf tne
principal part Of th- coutUvere, are between parties
esch claiming 70 be Inventor and that exir-Ord
nary protection . the 1ho Happened = Ao.t the
rsi patent would Dc cutie likely crush the one who
might really deserve the protection.
The provision which the Ex-Goverror srzsests -
bis second proposition. i n tie following words
that after psfen hss been sustained 5T one verdict
and Judgment IN action at lsT. IL sasL be deemed
conclusive In a. such sections, brought sitefTarc unnl
such patent snsl nave been repealed
Nov. i can require no sxtrsortinarT dlscr ninaton
u forecast see that n such provision we're incor
pors,ed nt1 the az u patents, tie following would
comprise D.; small part Of the inJ1suce and mischief
which Il would give rse 20. and inlict upon tne coun
try, as vel a. upon t0res srr inventors.
ct IL would give extraordinary snc dangerous pow
er 10: 70 The frsf srsnf0r. the only msn entitled 70
protection but 70 the patat, b whatever foul means
ne may have Obtained as patent
"a Il seek. 70 place IN the hsnd7 Of the p1sl. not
the k-s: frrentc-. tails unhear1 n power - s-rike
terror into and brinz ruin upon tbe honest fret IN
veutor who expected % obtain patent for III i1ven
ticn bu, intercepted and prevented. Or vho and
there many such was willing n enjoy TIE Pecu
mary benefit q his invention. ouly ir common with
h. fellow citizens By having awarded aim the me
riied homo Of producing The inTeuton. snd adding
something 20 the public good.
81. IL would reverse the order n litigation. and
compel the honest citizen % c1mmerce iegal pro-
ceeding sgliust some other person before De could
U.s. and enjoy what he v0gld Ds sssty entitled o..
without the peril Of being stripped Of that Important
and sacred night Of offending ores s,, when wrong
fully attacked oy smother.
4h Il would deprive every inhsbitsnt of the United
states Of the precious right Of defending himself n
suit for inrn cement unless be should happen - be
the fret one nsde a defendant in such action.
9Th Il would constitute tae FIRST defer dsn " 30 mig
be selected By the paieniee the GHGTfiG1 al Lrrn 70
aci for and in behalf Of about 20 Q00oO Of people and
% the entire exclusion Of their sht % act n such an
action for themselves and protect their interests 10
their wsy. For. remember the ex Governor ssys,
Jet the Judgment and verdict IN the drs su be con-
elusive bar
6,h Il would authorize the psteniee himself. without
the advice Or counsel OF any else % select his own
defendant and for this important public guar
dsnship and over whose selection sction no other
person would have sny control Whs'e7er.
7h. lt would psce within the poser oi the psieu'
tee choose such defendant snd for this RESPONSE
Die ana important public trust Is own dupe, friend
couspirsior. ~ party interested With him, one who
would c0nrve and cO'lude with him o suffer verdict
and judgment in the suit In favor Of the patent Tor the
express purpose OF closing the mouths and channg the
hands Of eli others In order that be might pursusni %
previous concerted arrangement divide results with
the psientee.
sin Il would Tins obviously open wider door for
fraud and offer cher and more ce rtsin premium for
corrupt combinations and c0llution toan anything
which the lsx now contains ever kss contained
Aud yet strange as IL may appear, this suggestion IN
med stely follows the extr0Fernors eloquent mention
Of the importance Of preventing fraud under the patent
lsv
9th II offers an n5ucenent 60 The patentse % euli.
grate to corner Of the country taking his friend
with him for defendant hrdng one there who will
answer hrs purpose, and therr 20 commence and con
duet hs suit aud verdict for the only purpose Of
forming this rrusre ba- and thereby prevent justice
being done hy f4r trial vih bona sac defend. ant II
the place where both he sn1 the invention which he
wronefuliy claims were well known long before his
aie ged invention thereof and then u US fortified wiki
his manufactured verdict. b and WELD II over
the heads Of the true and fret inventor and others fully
entitled 20 the Invention
lOh II would most uujusIy Oppress the poddnF,
patient real inventor by ming the pai'nee who nap
penei display h- most ngenuify 10 setting patent
With isciues 20 manufacture his own conclusive bsr
he first verdct) snd would thus be law In fact and
Ia operation not % encOurse Improvements In the arts
and sciences bat 20 encourage aud reward ck-iy and
schemes IN obtaining unmeritei patents and cnusp.rs-
cies and couson in creating trsuduls ri verdcts 10
exclude all Others from the night Of jast defence.