The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-12-21
THURSDAY. DECEMBER 10, 1850
THE PATENT LAWS.

THE PATENT
The Senate resumed, as in committee OF the whole
the consideration Of the bill Is 20o) to amend IAN act TO
promote the progress Of the useful arts together with
The amendments reported thereto
Mr. TURNKEY moved TO amend by inserting in the
eighth line OF the 5th section, after the word patent"
And upon such proceedings ,ee facia, being COM
menced, all proceedings at law in equity against such
person or persons shall be stayed until the detemn alton
the proceedings seize aeias, the further order Of
court obtained after due notice Of application there
After preliminary remarks published yesterday
OF Congress stated my objections 10 the general features
Of the bill which was recommitted TO the committee
and has been reported back TO the Senate. amended to
Us psssen. form. am sorry 70 say my objections have
from which we derive our power 10 legislae upon this
subject 10 designed 10 secure to inventors the exclusive
been enacted in accordance with the object OF that grant
oil power 10 protect inventors for term OF years in the
exclusive right 10 their discoveries To simulate ge-
MUS 10 exerton and to reward its useful contributions
~ not only proper but necessary 10 throw around its
labors such legal guards will protect them from the
more shrewd, who would unscrupulously appropriate
selves Of he characteristic Of inventive genius
To protect the inventor only TO the extent 10 which he
had made his claim, with entire technical accuracy was
early found 10 be quite insufficient and even befor
any provision had been made by law for the correction Of
patent by reissue the courts equtaby protected what
ever was shown 10 be truly within the patented invention
Now by the act OF 1885, mode is provided by which an
inventor may protect hs patent against infringement BY
one who should rsudueny seek to take advantage OF
technical defect in the description model on which the
patent granted. This provision experience had
shown to be polite and is surely both polite and lust
TO preserve IT, Adequate protection has not vet been az
orded 10 paientees, plain from the long and fruit
less litigation the most valuable discoveries and do
not think law could be much better fitted 10 take from
the inventor the little protection he enjoys than that
which Is here submitted The first section enacs rule
which has long existed in the Patent Office the second
section must be unnecessary the third section would in
volve much labor and expense for objects probably use
less 70 the applicants the Patent Office the second part
OF this section s believed 10 be covered by existing pro-
vision. The fourth section would utterly destroy the
kind and equitable provision of the act OF 1886 for the
reissung OF patents II il hostile to The object Of thai
act which TO protect the meritorous inventor, and
connected with subsequent sections OF the bill relative TO
the aeias and applications for reissue OF patents
would 10 be law framed not for the protection OF
the paentee, but for the benefit OF nfngers Of patents
The ressuiDg o patent designed to secure the prop
cry OF the inventor that which he has really given 10
the world, the knowedge-or application, al least-the
usefulness Of which derived from his specifications
composition. or model There provisions in this bill
which as hostile 10 such reissue though IL were
fraud upon the public The act OF 1885 perhaps does not
sufficiently Distinguish between reissue and an addition
10 patent The latter s Of little Importance, because
new patent would we'll II To the former III
have directed my remarks. II any notifications, are
needed IN relation TO that, think il should be enlarged
for ihe benefit u the inventor rather than for The mPu
fhis bill requires thai any inventor who wishes %
amend be specifications shall give sixty days notice. and
all machines or arcles b before The reissue are ID
be used though he reissue had not been made-beng