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

Interested in such patent either as paentees or
residing without such dsc, as shah be ordered BY
the conrt
the court. their application for that purpose In
shall sppsa on s oa ne pasnss had NO gs,
matter design or improvement set forth IN the speciica-
oa intended 70 have been patented Judgment shah V
and the shall be taken and held 10 be- null and void
and certified copy OF hch judgment shall be forwarded
by the clerk OF such the Patent Office, and there
be recorded And the petitioner shall in such
cover IL it shall appear the Trial that The
patent is invalid by Of some defect OF tnformay,
aud appear that the patentee had, aforesaid right
10 patent judgment Of lis inyaldy for such defect or IN
oaiiy shall be entered and the cost 10 he paid as the
court may In ls discretion order and direct In
cause Of inyadiy OF the patent shall appear, the party
defending tho same shall recover his costs rom the pe
Sac. And be il further enacted. That the psrte, shall
have right appeal TO the Supreme Court of The United
States in any suit patent in which the validity or
construction f,he is in dispute and also in any pro-
SEC. 3 4ad BE- ID further enacted That in all applca.
lions 70 Congress for an extension Of patent or addition
such intended application for three weeks in Two daily
papers printed and published in the city OF Washington
the commencement OF the session OF Congress which the
application may he made andany patent extended added
ZION the provisions OF this section, and WITHOUT specially
excepting the same from the provisions Of this secon the
SEc o. dad be t farther enacted. That any and all add
TONS reissues, extensions OF patent patents by the
been obtained by fraud and crcumvenron, either in
municatng Congress, in the form OF petition other
to, reissue addition, its merits for extension
by conceans from Congress any important fact OF facts
connected therewthsuch extension, addition, reissue
ehall be adindged To be fraudulent and void.
Mr. H. said Although the amendment moved by my COL
league obviaies aporon Of the difficulty it by means,
TO my mind makes this section such ought 10 pass
into law for the fact still exists and there is no pro-
vision against that suits may go at the same time in
every district in the thirty States Its terms are still open
this conclusion. An individual living in part OF the
country remote from the patentee, when summoned to
defend his title, may not think il is worth while TO
tend and may suffer default On the other hand another
individual, living in another portion OF the country may
think It is worth while, and, under this law, may come
in and defend himself and nvaldate the Iatentihus
being subjected TO large expense, while he will not
receive fftieh part oil the benefit TO result from his
suit 10 parties interested in the patent.
Then the bill is deficient in another respect While
single adverse suit annus patent forever, there is no
provisions that after gaining single suit the
patent shall be affirmed and thereafter be good and shall
not be again caednqnestion The patentee is subjected
to perpetual litigation all over the United States and OF
thirty suits which may be brought he may gain the
in twenty nine of them but II he loses in the thrteih
the patent is null and void from all that appears in this
bill Although the honorable senator from North Caro-
rona thinks entirely misapprehend him, must say
that be has not removed from my mind the objection
have to these features Of the pill and particularly ne
Union 60 behind act OF Congress- and to inquire
into the proprety OF its passage BY The investigation o.
preliminary matters before act passed.
apprehend that the senator from North Carolina will not
find that in any OF law equity, any such power ID
conferred When the legislature Of any Stale has made
members Of that legislature have been bribed 10 make
the grant. that State cannot refuse the grant, although
the fraud may be proved
am willing ihatthe patent laws should be perfected
but cannot give my assent to this bill il stands
Its effect will be TO repeal all our patent laws: they would
not be worth the parchment upon which they written
they would be entirely valueless and inventors would
haa nf
where and everywhere BY those who wish TO pirate the
patent rights provision OF this sort ought TO have
definite and fixed tribunal to which an individual
might resort TO try this right but the law stands
he may and most probably will resort 10 that tribunal
which will be most convenient himself and most ha-
rassng to the Individual whose rights he seeks TO sacri-
fee by this system of litigation.
For these reasons sir / am entirely opposed to this
feature OF the bill il is regard dangerous
to the rights of inventors, and calculated to make
fundamental, and, 10 my mind destructive overture in
our patent laws which, instead OF amending them will
make them utterly useless and worthless II to
that il anything OF the kind is 10 be done, should be
done by central board-by the Supreme Court OF the
United States. board OF that sortthat there might
be definite tribunal TO which parties wishing to bgae
might resort
Mr. UNDERWOOD. Tin his seat) | have an amend
Mr.. HALE. The senator from Kentucky near me
says he has amendment TO obviae the difficulty, and
for the purpose Of hearing il, will give way TO him.
lion, by striking out the whole of il which gives jursic
ton TO all the circuit courts OF the United States and al
lows them all 10 take cognizance OF the validity OF a
patent the same time, and insert the circuit OF
the District OF Columbia.
The VICE PRESIDENT. lnasmuch as the sth sec.
ton has already been stricken out and another substituted
for it, is the opinion Of the Chair that il cannot be
amended
Mr. TURNEY II the senator will allow me, will
suggest that his amendment be offered when the bill
has been reported to the Senate.
MIR. UNDERWOOD. As | am on the floor, viii
take this OCCASION IL the Senate peases, 10 submit few
remarks upon the BILL after which will clear my hands
Of il entirely believe that the public sentiment OF the
country favor oil securing TO inventors and patenees
everything that they honestly entitled TO- am for that
But there danger appehended by great many and be-
eye there foundation for their apprehension ha,
there Is system OF fraud going by which patents are
sometimes improperly procured. at least improperly re-
nerwed and under thus system great many persons
applied TO, and money demanded OF them improperly, by
those who claim TO have bona de patents. who really
have no such thing II is very important TO secure the
the rights Of the paientees. propose 10 Sc
cure them in this way:
In the FIRST place. there is limitation TO the right
10 obtain areissue OF patent, amendments oil its spec
fcation which are enlarged in many instances, TO
make the renewed patent embrace great many things
more than the original paeniee was entitled to claim
There is limitation to this right and propose, in
OF the sections Of the bill, to insert Imitation, that
these applications shall not be made for four years from
the date OF the original patent have had conversations
with persons interested upon this subject My original
conviction was that two years were long enough But
they said that two years would not answer They are
obliged TO bring suit against the person infringing the
patent and i will take two three years to bring that
suit 10 final decision; and then, il II goes against them
upon the ground OF defect in the specifications they
ought to have little time after the decision to amend
their specification. am willing, therefore, TO extend the
- A. Il. r.. -. IL. A. -