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

WOuiu endblc parties 10 hOhc
nhict deep injury upon society To illustrate Sup
pose that l. as assignee. have interest in patent
which know 10 be fraudulent which know could not
be sustained by any judicial tribunal investigating all
the facts: Il am ffauduleny disposed towards the
community. have nothing TO do but to get up sham
suit against the patent and then, by obtaining the suit
Inc patent had suffered sui, This might Be exhibited
all the country 10 show that the patent was valid,
and that the was clearly made out that the plain
tif became ashamed and abandoned the case Does
everybody how the record thus made up and fraudu
lenly made up, the part OF the individual under pre-.
tence OF suit might be made TO operate IN extracting
money from creduous community And that IS one OF
the evils now complained Of in my section Of the
country.
Again sir If you want fair and full investigation Of
the validity OF patent, whether il be really patent
worth anything not you ought 10 have the nveslga
ton made that point accessible to all who have
information upon the subject, not only in matters oil fact,
so adyantageously the District of Columbia icon.
venent the Patent Office, where you call upon the
examiners, and the officers belonging TO the Patent Once
10 give information 10 the genuineness and orsguahy
of The invention--where you have the law and those
best acquainted with the subject who can DC called be-
fore the court for examination The Judges IN tne DIS.
lrict OF Columbia situated that they can get IN
formation upon this particular branch OF law and science
better than be procured anywhere else And let
say that i i one OF those subjects mat douo. very
seats upon the benches Of the country best qualified
to decide think that they will stand in need OF all
the best lights that they can Obtain e enable ihem TO
make investigation into the originality OF any inven
ton which they may have 70 decide IN determining whether
patent is valid invalid That informs alton all be
obtained near the Patent Office. perceive that this bill
perhaps in view OF theseyery difficulties that am sug-
parts Of H. to have all the let
tiers and correspondence filed which may take place be-
tween the inveRor and the Patent Office, and TO have
them all copied and transmitted to the courts, and made
evdencejust though the originals could be made evil
dence, were they to be produced,
You may send on this correspondence and these
papers, but unless you have competent individuals 10
plain the different parts OF the machinery-uness you
have scientific mechanics and practical mechanics 10
show the principles to the court and thus TO contrast the
principles of the different machines with the principles
applied 10 similar inventions in times past lit will be
almost impossible for the court and the jury to come to
that fairness both sidesas have no doubt that
object OF the bishouli require that there should be
central tribunal which should have the jurisdiction to
settle all of the kind with privilege TO appeal TO
the Supreme Court Of the United States
One thing more II is already the duty Of the chief
justice OF the district Of the District OF Columbia
Commissioner OF Patents. You have, therefore, II my
amendment prevails tribunal which, from the laws that
exist and from the past practice = better 2
courts scattered thirty States OF this Union. have
much preferred that all these things have suggested
them from time to time, should be taken into consdea
ton by the committee and that the bill should be
mtted, they should much better arrange to cores
pond with these suggestions than we would do in our
places here, upon the spur of the occasion should
prefer that course now but will not make the motion;
hut will content myself with presenting at proper
time, these amendments which have intimated-when
the bill reportedtha they may be disposed Of by the
Senate
Mr.. DAVIS. OF Massachusetts, shall not make any
motion; but will suggest TO the honorable senator from
Tennessee that there is very obvious propreiy IN
cedng TO the proposition OF the senator from Kentucky
deem this bill, after having looked over il with some
care and attention, measure OF very considerable nm
portanceone that the exgences OF the country have
demanded for considerable period of time that is
far regards the settlement of the principles involved
it, II is in many respects, quite necessary TO the whole
ment. All wish to say at this time 10 the chairman OF
the committee is. that when bill comes up IN the way
that this has and discussed in the manner that this has
been--when amendment is made upon amendment, and
alteration after alteration adoptedt becomes necessa
riy almost piece OF patchwork unsuited Tor the pur-
poses for which il is designed Now, as this Is really m
tended TO be fundamental lava law which IS TO make
important regulations this department OF The gov
enment-t seems to me that II ought 10 be drawn up
with very great care II ought to be lucid The arrange
ment ought 10 be perfect II be And as thnk
the style OF the bill and the arrangement OF the o and
the fundamental principles which embraces may be sci
forth in more lucid manner than they will DC alter these
yared amendments sdoped hope the Chairman OF the
COMMITTEES will accede 70 the recomm,ment and take tne
bill into draught, according to the suggestions made
here. rise 10 make ssuggeson, and not to make mo.
ton would not make the motion without the consent
OF the chairman. for do not wish 10 throw any obstacles
Mt TURNEY Mr.. President, my main object is to
effect the passage OF the bill. am BY means satisfied
that senators could improve II very much By having
recommitia; but desire, for one, from my heart that
Improvements may be made to believe the principle
OF the bill is important one, affecting very important
measure in the counryone that interests manufactures
agrculturists, and an those who use the implements
made by those who possess the patent.
Now, SIR relation to the idea suggested BY the hon.
orable senator from Kentucky, mir. UEDERwooD] o.
limiting trials upon this fuctas going TO the Dstn
OF Columbia confess have thought OF II, but DID
not think favoraby Of il. have many objections thai
have presented themselves 10 my mind. In the INST
place, there senators who estimate the quantity
much better Than can, because come from section
fhara FAM tnv pofan
course there Is litigation growing out OF ~ yet we
find from the Supreme Court here that there e very
considerable litigation growing out OF this banchafa
business Now II the United States send the whole OIL
this business the district court OF the District OF Co,
lumbia in addition the business before that court,
doubt sir whether the court could perform those duties
they sit every day IN the year, Sundays 10
cluded confess am not competent Judge for DO
know the extent Of this litigation, nor have the
OF ascertanng TO what extent II would add TO the
duties OF the courts this District II would create
jealousy and complaint upon the part OF the inventor, on
the part Of those who contest the patent, the part oil
the Witnesses, and especially the part Of the ooun
sell II would be inconvenienf TO all sections TO force
TO come from remote part Of the Union to the DIS
sci, with whom he has had no acquaintance, throwing
him upon Strangers and throwing in his way the many
embarrassments and difficulties in the investigation OF ms
lawsuit However, sir, IL il is thought most expedien
and polite 10 adopt this, by way of testing the merits Of
the Improvement the principles OF the bill, am pre-
pared 10 yield to H. would be willing 10 take IT, in order
to make the experiment I would much rather the bil
would pass in that form than not to pass al all :
sure II the bill should pas~ that AT the next session
Of Congress, should receive circumstances and pe-
tons IN great numbers, asking amend the act 80 a
confer the jurisdiction the n all otnei