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

Inc Dill being under consideration In COMMITTEES OF the
Mr. TURNEY said, if il were necessary he would
make general explanation Of the provisions OF this bill
he hoped, however, that the Senate had examined it,
and had prepared to act upon il He desired TO
make one or tive verbal amendments, which he moved,
and which were adopted.
alter the enaciing clause, and to insert the following
That 10 all applications to Congress Or to the Patent or
aee for an extension Of patent addition 70 reissue
Ssy ay p,asa
visions Of this section. shall be null and void.
Mr. BADGER called for the reading OF the amendment
T Mr.. TURNEY. The section in the bin requires that
where applications are made to Congress-. notice shall be
given. The amendment requires that Of all applications
made 70 the Patent Office, as well as to Congress, notice
Mr. BADGER. dn his seat.) / am satisfied, sir.
Mr.. DAVIS. Of Mssisspp. have no doubt that this
rule should Be enforced BY this body in relation to all
applications TO Congress for extension But doubt the
ropety OF applying the rule to applications to the Patent
ohce ior the reissue Of patent reissue is nothing
more than modification OF the specification of the patent
originally made and the patentee is restricted to such
modification as to cover nothing not contained in the
original drawing and discovery This further restricted
the patent has been taken ont-the time within
which y permitted an individual 70 use machine be-
upon the same footing the original pa,ent and can
question o ne application 70 ihe Patent Once ior
without any change in the invention patented.
Mr. TURNKEY, regard this an important amend.
ment OF our existing laws party obtains patent and
subsequently, an improvement is made in the invention,
often BY the original inventor patentee, but often BY
others When the improvement is made, although ii
may have been made by others, and not by the original
INVENTOR the original inventor applies for the reissue OF
the patent in such form as to embrace the Improvement
claiming il as his own; whereas, in truth and in fact
without giving notice to the public; and if this should 20
on the result will be, II has heretofore been, that
fraud will be pacsed upon the community by the paten
tee, by the advantage taken Of the reissue Of patent
claiming certain improvements not embraced in the orig
nal schedule The applicant obtains ii whereas, il he was
required 70 give this public notice. individuals. who in
point OF fact were the authors OF the Improvement woud
come forward and contest hsTgh thus preventing many
lawsuits, and preserving the rights Of those interested in
from molesaiion This, SIR is the object 81 this amend
ment. is one, think which ought to be adopted TO-
prevent fraud, and to save litigation II is for the advan
greatly for the advantage Of those interested against him.
Ihe provision Is intended chiefly to guard the rights Of
those interested adversely to the patent asked for in the
Mr. DAVIS, Of Mississippi. Mr.. President, believe
that the chairman Of the Committee on Patents and my
self are working to the same end though unfortunately
we have not the same views with regard 10 the means
do not think this provision would benefit others, while
it would injore the paientee who wishes to secure
patent free from the defect Of the former specification
He comes the Patent Office to modify the speci6caton
of the patent TO the improvement as il s in fact
and to obtain the full benefit Of the invention. which he
any additional discovery, then presents different case
In that case he is subject to all the stringent rules which
thing else than what embraced in the original patent
which any else has in the time discovered, be
will be denarred from the patent
Mr. BADGER. think the senator from mississippi
will see, after moments reflection, the propriety of The
amendment 1t is true, he states that man may be
good inventor and bad lawyer, and may draw up his
specihcahon IN such clumsy manner as not to include
that which he had right to patent But on the other
hand, the senator must recoect that there will also be
men who under the preience Of imperfect spec6ca-
tion, and under the preence OF making perfect may
actually connect with il something not in the original
dea and for which he would not be entitled to patent
at all. Therefore there must be a notice |
Mr. DAVIS asked that the section Of the patent laws
bearing upon the subject should be read i
Mr.. UNDERWOOD. Is it the 18th section to which
the senator refers! fel~@ tes &f
Mr.. UNDERWOOD. rose 10 read that very section
myself should be very glad il the senator from Ten
the question, and in the first place to strike out the
section Tor which he proposes TO offer substitute
shall go with him for striking ont but after is stricken
OUT shall not go with him 10 put in what he offers, but
instead of that which shall propose to put ina
clause repeating the thirteenth section OF the act OF 1885,
which lies at the foundation OF all the difficulty that
have wish to read that section, in order to show that
my information is correct, there has been practice un
der leading to the most abominabe frauds and laying
the foundation OF great deal OF litigation, some OF
which is now pending in my section Of the country.
and about which have received letters. The section
reads thus:
SIC. 10 dad BE- IL further enacted That whenever any
patent, which has heretofore been granted which shall
hereafter be granted shall be imperative invalid by
OF deectiyc Insufficient description .pecifca.
ion by reason OF the claiming in his pecifca
hon as his own invention than he had shall have
right 10 claim II the has shall have arisen
by inadverency accident, mistake and without any
iranduleno deceptive Intention IL shall be lawful for the
Commissioner, upon the surrender him OF such patent,
and the payment OF the further daiy Of heen dollars
patent TO be issued the said inventor the
invenon Tor the residue of the period then unex-
pred for which tbs original patent was granted, in ac
specifications And in Of his death, any assignment
by him, made by the original patent similar right shall
In his executors administrators assgnees And the
patent ressued together with the corrected description
and specifications, shall have effect and opera
ton law, the trial OF all actions hereafter
been originally filed ia such corrected form, before the
suing OF the original patent. And the original
pa,entee shall be desous OF sdding the description asd
specification Of any new Improvement Of the original In
discovered by him subsequent the date OF his patent
may like proceedings being bad In all respects the
OF the original applications, and the payment
heen dollars, as hereinbeore provided have the
annexed 10 the original dese ption and specification and
the Commssoner shall certify the margin Of annexed
and recorded; and the shall thereafter have the same
effect In law, all inents and purposes though IL bad
been embraced in the original description and specihca
ton.
There lies the foundation Of the difficulty.
Mr.. TURNEY II the senator will allow me one min |
ute. III he will turn to another section OF the same /
staue he will find that this reissue Of the patent is only
take effect from the time OF its date and that does
not operate in any way upon what may have occurred
in the mean time.
n. st... n 49,.