The daily union. [volume] (Washington [D.C.]) 1845-1857, 1849-02-24

law which shall give greater security to the rights vested
Tor wllu Infringement OF the property of paenees
so great that the whole during which patent
not sufficient II be for avery valuable nventon indicate
and establish the claims OF the This evil could
be remedisd by few simple amendments TO the existing
law of patents
lfa provision de for the repeal OF patent and IT
AZ were provided s until IL avoided by process OF
pca the instrument should be received in al actions Of
rngement conclusive evidence Of the right of the plaintiff
TO recover, much of the difficulty expense, and justice
which fall upon the patentee would be avoided
therefore hoped that Congress viii speedily act upon this
mate and thus provide fer the protection of class of
who contribute much TO the convenience comfort and
nxures of he community and to the progress Of society In
science and civilization.
And surely depredaor upon the rights of the paten-
teerights which soemnly and sacredy guaranteed
him by law on the that surrenders pub
lie the of his entitled the sympa-
Thy the protection Of the legislator. The wiul
nger Of The rights OF the and corrupt
mory that clsss Of crinss knevn thicyeA
His offence committed from the dspraved and
wicked motive IT, is impeed by the corrupt intent,
or amin nrand which aciaes the perpetraor Of lar
ceny, and should be hunted from society with the
exorable perseverance,.
Justice, therefore, requires that the ,eii nfringer of
patents should be punished with the rigid severity
with which the common thief is punished BA the laws
enacted by Congress for the protection Of The inventor fall
very far short of securing him this of justice.
Nor is asked by him, IN his behalf. He will be
tent If the tile deed of property which he receives from his
government consideration of the surrender of hs
the public shall be respected and shall be conclusive
his right, until IL has been duly aside by the tribunals
of his country proceeding against the patent itself
II his invenon were not required to undergo
ard critical examinaon reference particularly
city and originality, the Patent Office, there would be
propriety making his paeat merely prima taeie
evidence of title in suits for Infringement But, after has
passed such ordeal trial. least in of justice
mad good faith upon the merits of the nventon should be
sufficient establish its validity, and the paentee
undsurbed enjoyment of has property until the end
the term Of his exclusive privilege.
must be obvious, the least reflection, that the best
and usst interests of society will be aided and advanced
] hyth r. &c Nnl.Sry
ventors, which will give them adequate security and pro-
lection the enjoyment Of their rights. II they
obtain the security and protection 10 which their genius and
sbors entie Them which awards them and which
provided for the constitution and laws of their country,
requires sagacy to that discovery science
and improvement in the arts will be greatly checked for
will devote their inellects their tolls, and their
fortunes, pursuits which promise them injustice spoa
ton and poverty instead of securing for them
ton, and competency and honors.
Ii has the knowledge of the undersigned,
his last report, that method of evadag the rights of
paienees the United States is the setting up of machines
IN Cinada other neghoorng British Provinces where
the articles manufactured bv such machines fabricated
and then brought the United States and sold the
great ry Of the American paien As the sale of
products of patented machine has been decided by
not to be Infringement of the patent the PateDee
has remedy in the under consider alton.
The protection therefore, Of citizens holding
patents under this government would require
legislation for the of these fraudulent practices
carried within the limits Of foreign jurisdiction
provision authorizing the and forfeiture of all fabrics
and manufactures which have been produced foreign
ursdcon by machines protected by patents the United
States and brought this country for SALE woul prob
ably he adequate remedy such violation oil The
rights of the American patcntec.
In my last annual report had the honor TO refer the
attention Of Congress to the expediency Of placing the c
and subjects of foreign governments applying for
patents in this country the ground with regard TO
fees which citizens occupy Deemng the matter
of much importance the interests of this country feel
be my duty again bring that subject 10 The confid-
Grafton OF that honorable body.
At present. the subject of foreign government who APP
plies this Office for patent required pay the of
$780, If subject of Great Britain, and $500 If the subject
citizen of any other foreign power before his application
be received while the American cizen required 10 pay
only $50 IL that the fees ana duies area IN most
foreign very much higher than those which
avs demand bu, they imposed on al alike whether
subjects foreigners.
II Just to make discrimln nation IN favor
OF American citizens with ard to fees for patents of
the opinion that the policy the interests OF TINS
country and therefore expedent There are IN foregn
countries valuable inventions and improve nents which
used secret for the very that the inventors
able pay the duties required by their gov
for the security of paen fearful that they
will protected If they patented And many of
those inventions would find their way this country, IT
their propetors could introduce them without being bur-
deDed with heavy the outset before they could try
the experiment of their success.
In my Judgment, if the foreigner placed upon the
equal footing with the citizen with regard to the
fees charged upon his application, would result an large
addition stock of useful and valuable inventions and
Improvements and better enable artisans and
compete with their rivals of other countries. This
Il
revenue amounting each year to but few thousand
dollars, which derived from foreign applications.
Nor would all interfere with the rights or interests OF
the American inventor The competition Of invention IS
that which from the production OF the same de-
scrpons of fabrics but proud and honora-
bic rivalry Of efforts produce things, which do not
interfere with each Other but which aocessons to the
stock of invention and already known and In use The
fed of invention mtaoe the world OF mind and
matter and is but just beginning to he cultivated
There is, therefore, ample room for all explorers after
the valuable which rich abundance lie hid
den and undeveoped bosom, and which will require
thought and labor Of ages discover and reclaim for
the OF mankind.
am therefore deeply impressed with the boief that the
of this country would be greatly promoted by
eouragng through the nsrumenaliy of liberal system
of lie aton the inventors and inprovers IN the arts of
other here with the productions of their
genius and labor and seek reward by introducing them
/ into
In patent systems of countries,
Offered for the introduction Of foreign Inventions which
before been introduced by granting to such
sons may be the expense and sometimes danger OF
procuring a kno Wedge of them abroad, and importing
them their native couny-a description OF patents cali
ed spatens Of importation" Those patents to the
inroducer of foreign Invention rights and privileges SINH
lar those which enjoyed by original Inventors.
Oar system contains provision Tor the granting oil
Of importation yet, experience IN the ofhce
of Commissioner many instances have come TO my know
edge where justice and the public interests required such
reward to eneprsing Persops who had obtained know-
edge Of vauab abroad which had not been In
PRODUCED and not known m this country
Recendy enterprsing citizen of this country applied
the Undersigned know If there was legal mode oil
projecting HIM for limited period IN the enjoyment OF The
of manufacturing Russia sheeron the secret OF which
he alleged he had OBTAINED A there provision OF
the existing laws which applied to his case he was referred