The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-05-17

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then starts up and sues everybody even those who have
made the very improvements which be now claims and
1896. the courts will sustain him according to the de-
cisions which have already been made upon the subject
Now, it does to me that the true way 20 correct
this evil is not In the in which this bill attempts
to correct il and II have time TO turn my attention to
The clause which the senator from Tennessee r TuR.
SEYl has referred to. will do il The true way would
be 70 let every paentee stand upon his orgnai patent;
and he says he has made any subsequent improvement
or that any mistake omission has been made by which
something was left out Of his original patent he should
10 the ordinary course, get new patent; and then LEI
him claim, from the date Of the new patent, any such
improvements or inventions as he may have made Now
this i3h section OF the act OF 1885, have proposed
do, and insert clause to that effect, and II you will
strike out what the senator from Tennessee proposese
strike out, you will then leave inventors who make any
improvements to apply to the Patent Oice and get out
new patents for their Inventions, and for such improve
ments as they may make. while you viii give retro
active effect to date back, and thereby to the
inventions Of other persons. g9 sa
am told. sir, that Mr.. Morse has already made two
surrendes OF his invention, and has got two retro
active patents running back TO the original date Of his
first patent, and covering, as am told, improvements
a made 6y Shs, am asG od that me ns essS
great many speeches made in the other House, of
which have looked ntol am told that that paenfhas
been renewed IN this way several times embracing almost
their retroactive effect reaching back to the original date
You cannot possibly prevent frauds of that sort with The
laws standing as they do am told that the Conms-
soner of Patents acts upon the idea that if the thngis
proved to him to have been the invention OF any body
who j. an applicant i y bis duy e 80 proof
soever, sa 4sg9s lLtN
Now. il does seem to ne. il am not greatly uisn-
formed in relation to these facts the true mode OF getting
at remedy is to repeal the 18th section Of the act OF
1886, and then to LET every improyer Of an original nven
tion get out his patent for the improvement HeAwill
then stand upon proper basis, the same as that upon
which every other man stands and he will not be per-
mted to avail himself of the labon and discoveries Of
others slipped into an amendment Of the original patent
tor claimed than he entitled to- by inserting in
his claim anything which he had right to claim,
that fact vated his patent and there least great
danger that the courts would regard the patent mere
nuity. Investors relieved from the operation of
the act OF 1885, in that respect by subsequent act
which provides in substance, that there be any
mistake n the original patent il shall not interfere with
what justly properly belongs to The claimant but that
ed in his original application That is all right By
this subsequent act amending the act OF 1880, each in
venior is far secured in what properly belongs 10 him
throw upon him the necessity Of getting new patent
from the time he makes the discovery,
Now sir, the only objection that can be made 10 thsis
this beg leave TO call the attention OF the Senate toit
will be said that under the act of 1896 you only allow
these retroactive patents, may call them by The
render OF the old and the taking up of the in case OF
inadyertencies and misak oversight unnien
tonal omission, Now, the complaint Of the countryis.
that these renewed patents are not founded upon over
upon things which individuals had invented before they
get these new paens but that they founded upon
design TO enlarge Inventions Of which they not really
the authors and thus that they interfere with The abors
Of others The only eeotwill be to make them little
more cautious in the getting out Of these patents Imy
s nG sss y s %
first nstance set out pretty clearly what they entitled
to; and If they inaccurate In language and do
choose 10 apply to the many agents about the Patent Oce
whose business it is TO get up descriptions, their
neglect and should be visited upon their heads, and
not interfere with others My pan therefore. TO held
wards that these specifications do ebtace everything
that they entitled 10, let them 20 10 oihe Patent Office
the %e they obtain s The plan d f1s his i To- bem i
get renewal OF the patent and give it retroactive effect
from @ the begISniag IS in Now. sir am opposed to i,
that the Of 1896 gives that retroactive effect
] Mr.. UNDERWOOD. Think 90. sir. IL
bill, and made few words Of explanation, which
not sufficiently audible 10 be distinctly understood by the
Mr. UNDERWOOD, in reply, said that the senator's
argument! was perfectly unansweable in the way il
presented but that did not touch the thing which he
Mr. DAvpl ought 10 have taken the whole clause instead
OF part, which embraced only single matter He had
na heater o ss was made
. Mr.. DAVIS said he thought that was the point at
issue. la@sl Gg f4 rf-eaap
Mr.. UNDERWOOD offered to explain
Mr.. DAVIS. will waive the explanation.
Mr.. UNDERWOOD. 4 did not read that part OF the
act to which the gentleman has referred because that
not the foundation Of the evil The foregoing part Of the
section reads thus: sHI ~
And the patents reissued, together with te corrected
description and specification, shall have the same effect
and operation Ina law trial Of action commenced
for subsequently, aocruing, though the had
been originally hed In such corrected form. .ng-
Then, If there is anything OF truth in my argument
applies to the thirteenth section, and not to the descrp
ton OF the where the invention s added to the
old one. ft.e tt
Mr.. DAVIS The gentlemans argument went to the
OF the paeuee adding invention OF Others and
Il was not possible for to understand II when he said
that he meant anything else than new invention But
the senator admitted that he did read the last para
graph thought when he made his argument. he
would have made il II he had read the paragraph for
is in the Of discoveries alone that the provision
is made in the last paragraph ask the senator IL he
supposes that he can guard more efectnally BY law
against the fraud which the patenlee would commit than
the examiners OF the Patent Oce who have the model,
the description and the drawing before them, and whose
business il is to learn what Is contained in the original
patent-whether the invention s or whether the
specifications are defecive whether they cover any
thing not contained in the original patent .esf
Mr. TURNEY The hour OF one o'clock having ar
rived, according TO my promise, move 10 postpone the
further consideration OF this subject until tomorow.
Mr. UNDERWOOD asked the senator to allow him
two or three minutes longer t yat nqa f5tH1
Mr. TURNEY said II not In his power 10 do so,