New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1851-02-18
Patents and Patent-Laws.

There are two bills now before the SEN
ate proposing amendments of the existing
Patent-L avs; we are familiar with the
provisions of neither, and do not know that
either Of them ought to be passed but we
oo know that Inventors are not fairly treat
ed under our present Laws. It is wrong
to charge them more for Patents than the
actual and necessary cost thereof; 1t is
wrong TO take their money under the pre-
tence of slIording them protection in re-
turn. vet withhold the protection. But,
first of all, it was and ever will be wrong
to regard Property in Inventions as less
absolute and sacred than any other Prop
erty.
Here is the fundamental error. We
have for yeers been talking of the justice
and expectancy Of extending the privilege
of Copyright to Foreign Authors, when the
question, fairly stated. would read -" Shall
I'VE continue to steal the works of Foreign
Authors because we can DO it and they
cannot help themselves J" Heroes and
Hero Worship is Thomas Carlyle's book
and nobody's else; printer or publisher
may own the types, paper ink binding
&c. which are used in bringing it conven-
iently and cheaply within reach OF the
public; but the work itself is Carlyle's, as
much as the materials used in printing and
issuing it belong to the printer and pub
Usher; and it is as wrong to steal the copy
right as it would be 10 steal the paper and
printing. So with ali books, so with all
inventions. Doubtless, the authors or in
ventor's p operty is limited and quail
fed one, for so are all rights of property.
They exist not in opposition to the de-
mands of the general well-being, but in
subordination thereto. The State may de-
fine and limit them, but no more than any
other property right. The State gires the
Author or Inventor nothing in granting him
a patent or copyright, any more than 1t
bestows a farm on an heir or purchaser
when it records his deed. That is but
means of verifying and preserving his title
it does not create any.
"A Troy correspondent writes as long
complaint of the inadequacy and injustice
of our present Patent Laws. We think
grumbling in the main an Improbable
business and so decline his criticisms; but
his suggestions for amendment and reform
strike us as in the main about right. They
arc as follows
If the inventor must defend himself patents
should be granted on a different principle.
The Patent Office shodld examine an applca'
tion and see if the drawings and specification are
correct and lucid if not, give special directions
and Ooint out the necessary amendments which,
II extensive, or If new papers and drawings we're
necessary, should be made by the otiise aL g mod
crate and reasonable expense, to be betrayed by
the patentee and then sent 20 him for his aiiida-
Wit and signature At the same time the Patent
OMce should set forth on clear grounds wherein
the original claims Of the applicant were too
broad. aud send copies Of the references Ia Eng
ksL II the inventor is still dissatisfied, be shall
set forth in writing, in a clear and concise man.
ner his reason why the references were insuf
fcient or inapplicable in his case, and his Objec-
tlCls 10 Lht pIOpOsSu w INC OlHSCf l"HiSh
it should be the duty Of the Office to do, lift con-
sidered that any could be founded on the matter
presentedl and the references of the Office, to-
gether with the argument OF the applicant, should
Re fled as record open TO public inspection at the
Patent Office the Patent should then issue and
the claims approved Of by the Office should be
marked by the Commissioner OF Patents ZAP.
proved, and those not approved should be marked
" Objected to - and in any after action relating
10 Said patent in any Court the document should
be delivered TO said Court, not to be returned
until the completion Of the trial, which should be
before jury OF scientific, practical and disinter
ested persons and those claims in the patent that
were sustained in the issue should be marked by
the. Clerk Of said Court Sustained" and those
not should be marked Cancelled" and such re-
suit put on the record Of the Court provided,
however that before any claims are thus in
d0rsed, pro or con, proper time shall be allowed
for any person interested TO take an appeal, &c
on good reason being shown therefor; but after a
final trial such Endorsement shall be made, and
after which said claim or claims shall not be sub
Jet 10 litigation 10 show their validity or inva-
idity
such is in substance the stock upon which all
our Patent Law amendments should be grated.
/ know and speak the wants and sentiments OF
inventors Volumes might be written on the
wrongs and abuses which that important class OF
the community have 10 endure under our present
system OF Laws. But will trespsss on you no
more at present. Respectfully,
The Riches CASE YET TIE Anthrop0L0gtS
has Just been started at Milwaukee, Wis. to ex-
pound and difIuse the new revelations from king
dom come now being made by means Of clairvoy-
ance, rappings,' etc. The first number gives an
account Of al interview by rsppingI with the
spisir Of Capt. West Of the steamship AtlaAtic,
who informed bis interrogstor that the atlantic
struck an tceJerg on her egbh day from liverpool,
rhae battling nth a furious, protracted storm,
and ras utterly lost nth all on 60ard We