The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-02-13

To the Eduoy Of iAs Unioa

among members oil congress cxtActS itOuA NY
while Commissioner OF Patents, favorng reform m the
patent laws coupled with representations based upon the
fact that am in favor of the bill reported BY Mi Isr-
ney (wth proper modihcaions to the effect That have
changed the views which | expressed IN the reports
alluded to- 1H
II the individuals referred 10 deem my opinions past or
present. OF The least importance 10 the intelligent gentle
men composing the highest legislature known TO our
county II is but just that they should be fully under
stood and not mIsIepIesenled ..sVH5 t#lHat aNs
la the extracts referred to- express myself In very de-
cded terms against that class OF persons technically de-
nominated pirates" who knowingly and wilfully APP
propriae the inventions of others their own use and
also recommend modification OF the patent laws, intro
ducng among other reforms the process Of aeia
by which good patents may be established and void and
fraudulent ones vacated and set aside. f#. il.
To these opinions still adhere; am in favor OF all
proper Legislation 10 reach the .s.M nnYer, and also
frauduleniy, surepously or illegally obtained which
are nuisance the public, derment to the true in
threatening in the reyulsion OF public opinion against H.
to sweep il entirely from existence And win these
Sews am in favor Of Mr. Tanss S WIN a ne p Nsw
HAMPSHIRE, which will, in my Judgment amply secure
both The meriorous palentee and the public in the en-
joyment OF their mutual rights.
that from certain sources, by no means M
GLIDING the class OF merorOus inventors, but from per-
sons anjus,ly holding old patents that have been ex
is made 10 Mr. Turncy's bill There some sections in
il which merely confirm by Legislation reforms in the
mode OF keeping records in The Patent Office, which
introduced while was Commissioner. 1t does no harm
confirm those reforms BY legislation nor s II essen
TALLY necessary But they are indeed unimportsn parts
Of the BILL and may without much detrimen to the pub
lie, be stricken out.
But there provisions in that bill and in the amend.
menls proposed by Mr. Norris, which. in my judgment.
should Be- passed as we'll for the protection Of paten,ec
and the patent system itself as the public Tor hold TO
the opinion that the public has rights to BE- protected a.
issues additions to and extensions of patents and to the
scre aeas for the repeal Of illegal and void patents
for reissue the new patent shall embrace only those mat
tiers contained in the original specification, drawings, or
model This is certainly right TO go beyond i would
open the door to nnumsrable frauds upon the public and
upon individuals.
Il also provides that all machines or articles OF manu-
facure made or begun before such reissue may DC used
This feature is violently attacked But is it not just
Who be blamed and who is to suffer i the patsntee,
by negligence by the competency OF hrs agent shall
have failed to notify the public in his claim, OF the ex-
tent of bis righis-the innocent individual, uncon-
scous OF who invests his capital and his labor in
manufacture which is claimed BY nobody. or the nsgi
gent paenee who has failed give notice to the public
his claim, Of the extent OF hisinventions That soase
OF justice existing in the bosom of every honest man will
respond that the negligent patentee must suffer- any
one.
The clamor against this provision shows the character
OF the opposition to other parts OF the bill. i
Section Of the bill provides that when applications
made for reissues, additions to. or extensions OF
may come in and oppose such applications.
When the fact is brought 10 mind that there but little
responsibility in the examining branch Of the Patent Of
fee and that reissues may be made if they have not al
ready been, improperly not say surrepttiousy, In
spite OF the vigilance of the COMMISSIONER notice to the
public, and the privilege OF opposing reissues tas the
public permitted to oppose extension seem TO
me to be eminen,y just and reasonable. sas
| II such notice had been required when Was Com
missioner, certain well known patent. which has
caused much excitement in the country, would nAver
have been reissued, particularly in the form in which
now exists, and which, in my Judgment. Govern what
i the original paenee never invened nor claimed RwaS
done in my absence and under circumstances when
throw very dark suspicious over the propristy q ~
transaction, far the party the agent and the exam
ege 10 any person TO come in aud oppose would put
end to all such proceedings In the Patent Once.
Section provides that all reissues and extensions OBJ
tanned either OF the Commissioner Of Patents or Congress-
sureptiiousy or frauduleny shall be subject to exami
nation In courts oil justice, and vacated, lusuce TO-
quire. etr
This provision is rendered necessary by the conflicting
decisions of the courts In the northern circuit the
judges have decided that in matters Of reissue the Com.
missioner is the sole Judge and his decision is binding on
courts well individuals, unless fraud has been prac-
sed him. Such Interpretation OF the law kves no
opportunity TO correct the OF that ocer foanded op
mistake or miscondsct II the latter may Be saffostN
ever to occur Fl cash s.4 5rW
! On the other hand. in the Maryland district doctrine
conflicting with the Just stated is held, and the de-
endan has been permitted 10 try before jury the ques
ton whether not the ressued patent Tor the sArne
invention that covered by the original patent Should
not these conflicting decisions be reconced And should
not the official of the Commissioner OF Paients in
any be subject 10 revision in courts oil justice
can hardly see how an objection can be raised against
position so reasonable
III remains now 10 CONSIDER tine scLe fdCfds Tor the re-
peal Of fraudulent Illegal patent provided for
ton 8. The section, proposed 10 be amended, gives
the right any perren in England and France, 10
sue gu, the setre5adas to repeal patent gives the
right TO prior raenee 10 repeal subsequent patent
which inrnges his well TO any individual interested
in any trade manufacture 10 repeal patent, inter-
fering with his business which he believes have been
unlusly or frauduenty granted II requires security for
costs in the proceeding, and notice 10 all parties interest,"
ed in sustaining the patent 10 appear and defend the
same. II the proceeding not sued ou aud prosecuted
in good faith, authorizes the court TO order non suit
II suits, proceedings in law equity, pending in
any OF the United States against the person suing
out the scire aci1s suspends them until the fate oil
the patent is decided On the other hand il compels the
person contestng the patent TO keep OF all
profits accruing from the invention in dispute in what
part Of the Uned States he may be using the same,
and to give ample security that he will pay them
to the patentee, ii the latter shall ultimately prevail In
short, confines the great battle between the parties to
single district and thus tends to put end litigation
Can provisions be more just and equitable between the
parties think not
II also provides that in second proceeding OF sctvs
facias party suing the shall give bond TO re-
spond both costs and damages in both the NSs fdesAs
and action OF Infringement II may be psndng, thus
preventing Infringement by irresponsible persona
In my reports expressed the opinion that one trial in
scrs Jdcss should psrpetually establish the patent
think ON mature reflection, that suth provision would
acquainted with the practice under the patent laws we'll
Knows that matters avoiding patent may net come TO ght
for after il has been issued Therefore they should
Away be available 10 vacaie and get il aside
| have now given true view Of the bill, "a il will
tbo oouAur uoAn hyA NJ AID