The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-05-23


an extension at the Patent Office: There are interests
conflicting with that extension which induce persons 10
oppose A. What can they do under the fourth section
They have nothing in the world to do, if this section be-
comes law, but to make their objections 10 il, and have
Il postponed TO indefinite period. One person may
Ss ns 0s
hearing is had and the duty is imperative on the Com
missioner TO extend and extend long objections
made. II applies, also, to the reissue well the
tension Of patents Now seems 10 me that this fourth
section is OF no use, but will be productive OF great mis-
Mr. HALE inquired whether il would be in order to
amend the amendment by adding to il proposition to
strike out other sections II SO. he desired to offer such
= The VICE PRESIDENT was understood to say that
he did not suppose i in order,
Mr. HALE. WE'LL sir, if the Chair is not clear. about
IT. want to move such amendment. SO that theChar
tions ocertain sections in the bill and if he thinks those
objections worthy OF an answer, he may them
move to strike out the 6lh 7h, sh, and 9th sections;
and can get the attention OF those interested in the
BILL think they will find that my objections worthy
OF consideration. By the 9th section Of this bill --
M Mr KINH MORRIS rise 70 point Of order
Mr. KING II is not in order to make such an amend
ment The gentleman can give notice Of his intention to
MI NORRIS have no objection to the senator's
: MI TURNEY. do not regard this 4,h section as
matter OF any great Importance but do not that any
adversely to patent notifies the Commissioner Of Pat
ents that application for the reissue OF certain
patent being made ne desires to be heard Now the only
thing that this section does is to require the Commission
notify the individual applying for the reissue, by
letter or otherwise OF the time when he will take up for
consideration MS application for an extension Or reissue
OF the patent Why sir, the general law requires notice
to De given through certain public newspapers and the
individual may not be reader OF those newspapers, and
consequently would not be likely to the notice OF the
party interested against the extension OF the patent
Surely great mischief be done by informing him
of what the public prints would inform him of, he
read them But this section would not have the effect
mentioned bV the senator NaW Hamnehra. rMr
NoRRIs OF procrastinatng the determination Of the ap
plication from time to tme as any individual who OPP
posed it might desire.
This application is made before the Commissioner has
liked upon any time for the examination of the appica
ton and when he shall fix upon time, and shall notify
the individual by letter that he has fixed upon this me
he would not postpone 1t upon any application. The in
dividual thus nonfed would have no higher or better
be placed upon no higher or better grounds
than il he had obtained his notice through the medium
OF anewspaper The question at last is whether this
examination shall be eI pare or whether persons inter-
tension and reissue. 1t down to that The ques-
ton Is, whether this examination be PGre and secret,
as i originally was or whether notice shall be given
that he has not answered the objection which
raised The objection is this 1t is imperative upon the
Commissioner by this section to give to every person
tions shall be heard apply for hearing agains, the
extension or reissaing OF patent The day appointed
for the hearing Now, on that very day. another ndvid
ua gives notice in wiring that he wants to be heard
Now, this second notice to be recorded and notice OF
day for hearing must be given Now by this course these
cases may be continued od ,nntum, and person who
extension OF it, by the opposition OF persons TO it.
Mr. HALE would sugges! to my colleague, that II II
agrees with his ideas, think that il he hears upon my
objections 10 the 6h 7h sth and OH sections OF the bill
he will agree with me, think il better TO have the bill
sent back to the committee
Mr.. NORRIS have the same objections, and have
made the motion. something similar 10 j. But
will accept the modification OF my colleague, and move to
strike out also the sections he has suggested.
Mr. HALE. Mr. President, the motion now is, then, 10
strike out 4th, 9th, 7h, sh, and 9th sections Of the bill
do not know but that it might be well to strike out
al after the enactng clause, though may be satisfied
the bill are that authorizes any individual that has any
interest in is adverse 10, the extension Of patent to be
summoned in any court, in any State OF the United
the original paientee may be tried by assignee, who
may hold thrysecond or hundredh part OF the inter-
est in the patent Let US suppose that there is vslaa.
Hampshire II is sold out in fractional parts every State
of the Union Here is an individual who may be in the
State of Michigan who is the owner Of fractional iI
somebody summons this owner oi this small part Of the
patent right in the court OF Michigan and this bill puts
N ssue upon the result o. that rIa the whole right Of
or anywhere else and may be as ignorant OF the whole
proceeding can possibly be because the statute
only requires that the court will give such notice they
think proper which is in all such cases that an order
for publication in newspaper in the county That
is objection By this bill these trials may be going on,
may annul this issue, and fifteen may affirm it.
A SENATOR. Is that not the case now'
Mr.. HALE. senator asks me II that is not the case
now No, sir ii is not Now, this is giving to the dis
ct OF the several States concurrent jurisdiction
OF all the matters thus concerned Ii 10 that
these different trials and results will produce inexpicabe
confusion That the objection TO the sixth section II
that is stricken on the seventh section becomes
cessary, and goes with IT,
The eighth section provides that certain notice shall
be given, and gives the right to go behind the
act OF Congress- and inquire whether the notice required
by this act given and although Congress may de-
eide that notice given, (and with that understanding
they framed that act) this act coners upon the courts
OF the States right TO 20 behind the judgment OF Con-
gress and inquire II notice in fact given and ii they
find that not given according 10 the provisions OF
this act then these courts can annul and repeal that
act -
rest together, because il provides
That any and all additions. reissues extensions Of
patsnt or patents by the special legislation OF Congress-
which may or shall have been Obtained by fraud or cir
cumventon either In communicating Congress- in the
form petition otherwise erroneous or false state
OF facts relating thereto OF reissue or extenson or by
conccang from Congress any important fact facts con-
necled Herewith, such extension addition, reissue
shall be adjudged 10 be fraudulent and void
Now how wide door is opened II gives TO every
district court throughout the United States power to IN
quire into the validity OF act OF Congress, and inquire
II there was any of concealment; the patenee
not cognzant of fact which he did not communi-
cate and II the court, in its wisdom, shall nd that there
was single fact not msrepresented but conceaed then
il has the power to pronounce the act null and void
believe that no tribunal earth has had the power to
pronounce an act OF Congress null and vod unless II be
The Supreme Court OF the United States, and that only
mon The oround that the act which declares 10 be void