The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-05-24

mnhpying them into an immense NUMBER o. Jaw su'ts
n h nporant 10 both parties Tor, after 50 much uoube
!, beromes In many instances runous 10 both, by the
adoption Of this BILL repeat, may DC setiea ~ oe
lawsuit The senator objects 10 that, because SUNS says
he II they shall be in favor OF the paienlse are MOI con-
sIrsye and binding upon the world and Others may
cause The seirs faeos 10 be issued at eean ums ior the
purpose Of testing the validity Of me paieni ine nrs1
question would not be conclusive between lne Paen'ee
and The other party That is true 4 would mol be
binding and conclusive upon the parties would not
vote for one 10 make il binding and conclusive
4 ,yond lei this stand as all other questions. To
hs snre. II adjudication is against the palentee,
Il wond be binding, for the patent is defeated. But,
sir, would not make binding and conclusive upon
ham m Won held II conclusive, you would hold out an
;nSncsmant 10 men who had fraudulent patent 10 go
and have aw-suit with neighbor and friend, and,
by collision and fraud upon The court they procure
;dgmen in favor OF the patent Now, sir hold that,
aite there shall be far trial, and the country is satisfied
that there was no collision in the casef there has been
Judgment in favor OF the validity Of the patent-the
community would naturally acqnesce IN II. There is
man SO reckless oil his interest," after adjudca.
lion that he was satisfied was full and fair adjudication
ali the evidence having been produced which it would be
his power to produceas TO institute another law -suit,
yhe cost OF which he would know would inevitably fall
mon his own securities IT. however senators can suggest
any remedy which could prevent this collision between
The patentee and Others as TO give validity patent
which otherwise would moi be valid would most heart
iy accept IT,
Now, Mr. President, having made these few remarks
in relation TO the argument OF the senator from Ken
,ueky--and approve all OF his amendments, with one
exception, and, as have remarked before, am willing
II take that rather than lose the bill am perfectly
willing to agree to what the senator from Massachusetts
l iMr. DAvis1 has proposed, in order to make the
bl more accepabletha it may be recommitted but il
does seem we can pass it as well now could
then myself cannot perceive the beneficial results oil
ecommitta, unless that ecommittal be accompanied with
Instructions giving the OF The Senate to some
principle to be incorporated in or left Out Of the bill
Mr.. SEWARD. am quite satisfied Mr.. President.
that il this bill should be passed in its present shape, il
would defeat the purpose Of the committee by whom il
has been repored that it would subyer the patent urs
prudence q ne c9nairy and prasoaly abolish Ine egs
years for carrying out that benecent provision OF the
constitution which authorizes Congress ito provide for
he announcement oil the useful arts, by securing to in
vanors The benefit Of their discoveries for term OF
years Nevertheless do not think it at all singular
hat the provisions OF the bill found with due def
ss,s there is no doubt from the peculiar delcacy and the
necnar difficulty Of all legislation and OF all adudca
| ion touching this important subject
admitted by every Judge and every jrist who has had
orcason 10 administer the law OF patents, that il cons
mted The metaphysics OF legal science This difficulty
arises chiefly from the circumstance that 1t is easier for
even plain and unlettered man to invent useful
chine or composition, preparation OF matter, than is
or him. or for the most scientific philosopher, to
describe the invention he has made with such accuracy
ana precision as distinguish il from other things that
were known before. and thus point out what was
od and not the object OF projections, and that which
new and therefore the object Of the care OF the gov
eminent.
The time when patents received the favor Of Parliament
under James l. down 10 1886, was experience OF con-
tnua and perpetual disappointment OF the policy OF the
Iroyernmeni in fostering invention The greatest and
most useful inventions in that country were those which
were continually defeated by OF the application
technical rules and principles in the construction OF
patents Arkwrghts great Notwithstanding one oil
he most benefcent inventions OF any age--Was lost 70
hin for that reason.
The same experience was encountered in the United
mates until the same period and believe II was a very
nneTa sentiment that the system Of patent urlspru-
IL ha{nr hat .sx1a da-
oon was made by Mr. Justice Thompson, at the circuit
vhch was afterwards affirmed by the Supreme Court OF
he United States, which permitted the amendment OF
letters patent by the correction OF the specification. when
was insufficient upon judicial investigation. The same
Eincipe was adopted in England IN 1886, and IN that
way il was incorporated into the legislation OF both coun-
ns This the law, II now stands, Tor the reissue
i OIL letters patent.
About the same period change over the dlspo;
aoa and temper OF judicial authorities IN England and
in the United States Instead OF encouraging technical
objections the defeat of merorous palents they have,
both COUNTLESS since the date have mentioned, adopt
ed the principle OF sustaining patents, as far as u could
done by liberal and fair interpretation. Nevertheless,
have had some little experience for years in the
professional duties relating this subject and that ex-
lerence has LETT upon my mind this general conviction
hat worthless patent invaded; that OF good
ziens five out OF eight rendered worthless and IN
railing by litigation; that there is no highly valuable
Rieni which can reward the inventor within the term OF
oureen years. because OF the ruinous delays and ex
ases OF litigation in maintaining IL and that, therefore,
extension OF such patents becomes unavoidable TO
AIRY into effect the Just policy OF the government while
such extensions always operate harshy and severely m
continuing monopoly which is felt with much reason TO
be oppressive upon competitors IN the arts
Under these circumstances, we have all seen--every-
body has seenhat il would be desirable TO modify our
judicial system, that should have but one proceed
Ing whereby the validity OF letters PATENT and thus
quiet the title OF the inventor. The scref has been
conceived 10 be fit proceeding for that purpose But its
adoption in the shape presented BY the present bill would
be attended with this diculty-that while the paenee
sands alone be is opposed BY combinations Of all The a.
oonno maintain his title and secure just protection of
bis property without mourning the expense and the delay
uot litigation with the infrDger in all the judicial districts
the thirty States and the seis Jdetds beng remedy
available 10 the infTingers, in the same courts
would be resoed 10 by them throughout all the same ju
ea districts and thus double litigation, already ruinous
other words the patentee prosecuies now, as PAINFUL
be nirngers throughout the United States az ruInous
cost and expense Pass this bill, and give the defendants
everally a sirs facias, and they would bring suits
gaDst him numerous as those he V now maintaining
gans Them. The consequences would be, that patents
which are worthless, by reason oil excessive naI.
rts and losses Of litigation would be rendered teniold
more worthless by the increase OF that litigation, And
we can so modify the system that the litigation should De
rested and confined 10 single issue, in which all par
les might participate, and which should be confined 70
ne place, we should perhaps secure the objects we all
have IN view. Whether this can be done or not 10
ueson which ought 10 engage the attention OF the COM
nuee II the bill should be recommitted, as trust u
may be-
With view 10 justify my own vote against this bill IN
present shape, my vote for recommIitng Tor iuI-
he consideration, have drawn up amendment, wnIcn
90 not claim 10 be perfect or complete, but which VIII
gge certain considerations 10 the attention OF the COM
ee PROPOSE then, to insert al the close Of the sixth