Weekly national intelligencer., 1850-05-18

i
leave the inventor, if he makes any improvements apply
The Patent Office to get patent for these improve
men which will not have retroactive effect enabling them
thereby to cover the inventions of other persons
am told that Mr. Morse, in regard to his invention has
made two surrenders and got two and retroactive pa
tents going back to the original date of his invention and
vsrg, as am told, inventions made by others. also
told that the celebrated Woodwork patent about which we
have had many speeches in the other branch Of
some of which have looked nto has been Iessued time
and again, embracing every body improvements by
tue of this law having retroactive effect from the date of
the original patent you cannot prevent frauds of this
And told that the Commissioner of Patents acts upon
the idea that if thing proved him by any body have
been his nvenon he goes upon that proof without
with the counter proof which may be brought show
that the person not the real inventor of the improvement
which he wants TO by bis amended patent. Now it
does to if am not greatly misinormed regard
the facts that the way Of emedyng this evil repeal
the thirteenth section Of the of 1885, and then let every
mprover to original invention take patent for his i'm
provemen He will then stand upon the proper foundation
he will then stand where every body else stands and be will
not then be permitted to avail himself of the labo and disco
vere OF others, by slipping them into amendment his
patent.
One remark more, sir and have done. Under the act
Of 1885, If inventor claimed than he entitled to-
by inserting in his patent claiming that which he
entitled to vated the psten and there great danger
would be regared by the nuity But inven-
tors have ben relieved from the operation Of the of 1886
to this extent by subsequent statute which provides in
substance that If there be any mistake in the original
patent shall not interfere with what Justly and properly
belongs to the paentee and Of which he the inventor
but he may elnqush that which he ought have inserted
in his original patent and, upon the REIMBURSEMENT the
original patent is only for what the paentee really is the
inventor Of and to which he is entitled That s all right and
just as should be The subsequent act thus amending the
act of 1885, every inventor that which properly
belongs him, and if my amendment prevails you will only
throw upon him the necessity OF getting patent every
time he makes any discovery.
Now, sir, there is only possible objection, as
ceive that be made to this and beg TO anc
pate it. in any Senator should be relying it. It will be
said that under the 1886, you only allow these
active pacns may call them, by the surrender of the
old and the taking Of one of nadvetency
mistake, of some unn'entonal omission Now
the complaint of the country that these renewed patents
not founded oyersghs not founded upon omissions
not founded upon things which have been invented by
the paentee bu. that they founded upon inventions
improvements which the pa.entee is the author Of and
thus he nterres with the abos of others The only effect
OF my amendment will be to make little cautious
in taking their patents do myself believe that pa
entees very negligent in the description Of their nven
ons that they cannot in the first instance set pretty
clearly what they entitled to- and they very inco-
rect in their language, and will apply any of the gem
emen who set up signs around the Patent Office to get
proper description is their negligence in not doing it. and
would visit that negligence their heads and give
them an opportunity OF rEring with others My plan is
to hold them to the original specifications, and if they find
afterwards that the original specifications do embrace
y thing which they entitled to, let them go the Patent
Office and obtain patent but the plan of this bill is
make them get patent and give it retroactive effect
Now am opp sed to that
Mr. DAVIS of Mississippi. Do understand the Senator
from Kentucky that The act of 1886 gives nven
tions this retroactive effect ....sss
Mr.. UNDERWOOD. | think so.
Mr.. DAVIS am sorry that cannot put that consruc-
ton on it; for had thought that the and myself
the side in relation to this matter will read
him the last paragraph Of the 18th section After providing
for reissue, Of detective specifications under the rules
the Patent Office, requiring that in of compositions
machines the model and composition deposited shall contain
every thing which is called the specification it comes
to the which the Senator from Kentucky has argued
Whenever the original paenee shall desirou adding
the and specification of mrrov
the invention ordscovery, which shall have been in
vented discovered by him subsequent the date OF his
tent he like proceedings being had in all respects
the OF original applications and the payment OF fifteen
dollars herenbeore provided have the annexed
the original description and specification and the commits
sioner shall certify the margin such descrp
ton and specification the time OF its being and
corded; and the shall thereafter [not hereofore have
the effect in law, all ntents and purposes though
had been embraced in the original description and spcc
cation. - ... ..
Mr.. UNDERWOOD. Will my friend allow me to inter-
rupt hml The gentlemans argument is perfectly
able in the way that he puts perfectly So but it does
touch the supposed He must take the whole clause,
be pleases. He taken up only embrcod
that clause. He has taken the where makes
invention and wishes to amend old invention
Mr. DAVIS. thought that the point under dis
custom
Mr. UNDERWOOD. He has left out all inadverencies
and accidental omissions; all mistakes under which all the
frauds committed.
Mr.. DAVIS Oh. did not understand the Senator
Mr.. UNDERWOOD. beg leave TO explain, if the hon.
orabe Senator will allow me.
Mr.. DAVIS. Certainly. will give way for expla-
nation. 4u ..
Mr.. UNDERWOOD. I did not read at all that part of
the clause which the honorable Senator has read have
read many times, but did not read now, because does
not lie the foundation Of this evil The gentleman should
have read the foregoing part OF the section will read
for him
.And the patent together with the corrected
description specification, shall have the effect and
ope alton all actions herr aer commenced and for
subsequently, accrung though the had been originally
fled, SC
The gentleman if he recoecis my argument, will that
applied got up under this provision Of the 18th
secop and under the latter description Of where
new invention has been made.
Mr.. DAVIS, Of Mississippi. The Senator's argument,
them went Of patentee stealing the inventions of
others who in his neghborhood did not under
stand him but did suppose what the Senator admits that
he had read the last paragraph of section 3 and thought
that he had read he would have made such
gument For il is for Of new inventions discoveries
alone that provision made in the last paragraph Of section
all that pecedes relates the correction Of the spec
fcaon Of things originally discovered and if they not
original discoveries ask the Senator does he suppose that
by any law he guard efficiently against frauds by
patentees than the examiners the Patent Office who
have the MODELS compositions drawings the may
be- before th and with whom il is the business of life
learn what Is in the original patents whether thenventon is
whether the specification is defective, whether ad
ditonal specification any thing contained in the
ongiaal patent :
Mr. TURNEY promised yesterday that il this bill was
made the special order for this morning, it should be post
poned disposed of the hour for proceeding to the re-
suar order of the day That hour has now arrived and
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