Weekly national intelligencer., 1850-05-18
THE PATENT LAWS.
SENArE. THuRspAY. MAY I6. 1850.

The hour of half past twelve having arrived the PRESID
ING OFFICER stated the special order to be the consdera
ton of the bill to promote the progress of the useful
The bill being under consideration in Committee Of the
Mr. TURNEY said This bill is very short, and think
will need little explanation, hope every Senator has
amned it, and prepared to act rather than to talk about
desire suggest amendment in the tenth line Of the
that line.
The motion agreed to-
Mr., TURNEY. / move to strike out the word Sc any," in
the nineteenth line, and insert the word "a."
The motion agreed TO.
Mr.. TURNEY. | now move to strike out the whole OF
the eighth section, ard insert the following
"Tha in all applications to Congress the Patent Or
flee for an extension any patent addition to IT, or re-
issue of the same, the applicant shall give notice OF such
tended application for three weeks IN three daily papers
printed aud published in the city Of Washington the first
publication of which shall be made at least sixty DAYS before
such application for extension addition, reissue
any patent extension, addition, reissue obtained in
trayen,ion of this section shall be null and void.''
Mr. BADGER would like to hear the section read in
connexon with the amendment.
Mr. TURNEY. The only difference between the section
the bill and the amendment is this the section in the bill
requires that when any application made to Congress- this
notice shall be given the amendment requires that the app
cation shall be made to the Patent Office well to Con-
gress. That is the only alteration
Mr.. BADGER am satisfied with it.
Mr.. DAVIS, Of Mississippi have doub, that this
will be proper rule if it he enforced equably doubt
however, the propriey of applying the rule the sp-
pcaton for patent for issue. In the reissue #
the patent there involved many notifications and spec-
cations of the original patent and is restricted to mod
flying and specifying nothing contained in the
original draught discovery This further modes the rules
of the Patent Office to require that shall be done within
two years. the time that it is permitted individual
machine before he takes out patent The reissue,
under the rules of the Patent Office think, with great defer
to the chairman Of the committee, who make any
correction he pease stands upon the footing the
original grant of The patent and do not see why public
notice of application for issue modification should
be given in the manner specified in the amendment.
Mr.. TURNEY. This regard as a very important amend.
ment with respect to extending the patent laws The party
for instance, obtains patent and subsequently improve
ment is made to the invention often by the original inventor
himself the patentee and frequently by others When
this important improvement is discovered, although may be
made by others than the original inventor, the original nvn
applies for reissue of the patent embrace the
improvement, csiming it as his whereas, in truth and
fact he not entitled to it. Patents originally issued
without giving notice to the public and fthe issue should
be made without giving notice to the public will be has
been heretofore Frauds Of this description will be practed
upon the community by the pa,enec being enabled apply
for and obtain reissue of patent including certain i'm
provemen not embraced in the original schedule whereas
if he required to give this public notice, individuals who
in point of fact the authors Of this improvement will
forward and contest it and defend their right it. II
to prevent many lawsuits, and preserve those who
the improvement the right do So which is the object
Of this amendment If adopted will prevent fraud and save
litigation, think and it will be for the advantage Of the
paenee himself ard most assuredy for the advantage those
interested against the patent. That provision is intended
mainly guard the interests of those adverse the patent
Mr. DAVIS, OF Mississippi believe that the chairman
of the Committee Patents aud myself aiming at the
end The only difference between is that we take
different to it. not think Eis amend
men will operate for the benefit of the patentee The pa
entee though he may be good inventor is urrequeny
very bad lawyer and thus may draw up his specifications
very deectve!y that he may have omitted part of
the nve'ion In such sharper person. seeing
O Patent aent r.
improvement of the original ivenon and in this way secures
to himself the benefit of that which the law intended should
60 20 he original inventor and paenee. If he in for
the benefit OF additional discovery then arises the case of
the Senator from Tennessee In that case he would be sub
ect TO the stringent rules to which the original application
subjected If the inventor ask for any addition
to that for which be originally received patent and any
else should in the time have discovered it, he woud be
debarred from obtaining his patent
Mr.. BADGER think the Senator from Mississippi will
see moments reiecon that there propriety in the
amendment suggested chairman of the Committee on
Patents. II is true, as he states, that although may
be good inventor, he may be bad lawyer and NAV draw
up his specifications in such clumsy as not to in
caJe that 10 which he had right But then, the ot er
hand may happen that inventor under pretence Of
amending his original specification may afterwards obtain an
addition his patent for something which not in the
original ies and for which he not, therefore, entitled to
patent think, therefore, that notice ought to be given in
order to have the right contested. (.
Mr.. DAVIS, Of Mississippi Mr. President, weuld ask
that the section Of the present patent law which relates that
subject lie read
Mr.. UNDERWOOD. 1t is the l3th section, and am
about 10 read it. should be very ead sir if The Senator
from Tennessee (Mr. TuRsEY) would division
of the question: to have taken in the first place upon
striking out the section 10 which ne proposes offer sub
ute. Ishal go with him for striking the clause but a
er it is stricken out will 60 with him to put in what he
'ers but ms cad OF that shall propose to put in clause
epeang the 18Th section Of the oct of 1885, which lies at
he foundation Of all the difficulty Now, sir wish to read
hat secton and to show wha if my information correct.
been the practice under it, leading the most abo-
anable frauds, and laying the foundation Of great deal
If litigation, some of which is going in my
ion of the country and about which have received letters
The section reads thus
"Sec 13 find be it further enacted That whenever any
patent which has heretofore been granted which shall here
alter be granted shall be imperative invalid by OF
detective or insufficient description specification, by
reason OF the paenee claiming his specification his
nventon more than he had shall have right claim
new 1t the error has shall have arisen by nadverency
cident, mistake and without any auduen deceptive
ntenton shall be lawful tor the COMMISSIONER upon the
surrender to m Of such patent and the payment OF the
her duty OF fifteen dollars to patent be issued
the period then unexpred for which the original patent was
granted in accordance with the ratnee corrected desc-
ton and specification And in of his death, as
signment by HIM made Of the Origin al paent smilar
the patent ressued together with The corrected deccrp
ton and specifications shall have the effect and
ton naw on the trial OF all actions hereafter commenced
causes subsequently accung though the had been
originally filed in such corrected form, before the issuing of the
original patent" *,..r
There lies the fonndaton sir, Of all the difficulty
Mr. TURNEY. Will the Senator allow me to ask him
to turn fer moneott to another section Of that act He will
find that this elssued patent is only take effect from its
date ard is to affect any pending action or auy thing
that may he in operation at the time.
Mr.. UNDERWOOD. have tu, ned my attention 10 that
and examined it csrefuly Here the difficulty You is