The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-01-28


came to the conclusion that il would be gross wrong
longer 10 Deprive the community OF its free use. Now
It's present. extension was obtained IN the accidental alb
sencs OF the ale Commissioner OF Patents IRON hrs post
and IN defiance OF his previous decision and of that OF
his predecessor It's reissue 10 all intents and pur
poses surrephtous unjust and illegal if not
tfaudueht But being Ieisxued By subordinate acct
dsntfy Entrusted with the discharge OF The functions OF
the commssonership for few bei hours. the act was
pasl recall The law exempted that act from effective
scrutiny and authorized the holders OF the reissue
continue 10 tax the community at an enormous rate
Tor seven years more Though three lourhs OF your
selves are assured IN your own minds that not penny
stands, those who will avail themselves OF II must pay
according to the pleasure Of the holder Of the patent you
believe 10 nave been ffaduenty obtained to tan.
The case OF the application Of Fowler and Ray for m-
proyemens IN springs affords evidence OF the EVIL ELECTS
OF this immunity, In contrary direction, with the rights
OF previous inventor, which ut glance shows how
inlufously the legal power OF the Commissioner TO
do wrong may affect honest and mertorious inventor
These parties Fowler and Ray) applied for letters
patent ior such invention, which, alter full inyeslga-
lon were denied Them formally on the 9th November
lSis, on The ground of interference with the patent ght
accorded 70 VIM c Fuller in October $40 On the 2eta
OF September, 1850, without the slightest warrant OF law,
and after denying and refusing to consider the argument
and protest Of Fuller the OF the late incumbent
the commssioneshp reversed that decision. on the ap
ptcaton of the indtvid4aL through whose agency he
issue Of the Woodoorh patent had been peypctrated Yet
as the patent law stands, the injured party cannot ask
| etectuai redress in the courts of his country.
The of the extension OF the patent OF f. M: Cbafee
for process of India rubber manufacture, granted I'M
fairly on &I parfe testimony almost wholly and IN den
ance OF the ainest provisions OF the patent laws fur
nses still another evidence of the importance OF subject
ing the conduct OF the Commissioners TO the usual legal
scrutiny This extension was worth at least a hundred
and nifty thousand dollars; for the process In question
enters into the composition of almost every article
OF India rubber manufacture in in the United States
There is not, venture to declare, single member OF
either house OF Congress who does not avail himself OF
ITS advantages Ii it has not been applied in the abrca-
ton al his tobacco pouch has been in that OF his sus
penders, hs shoes, his floor cloth, his glove
or his harness coach trimmings or his Mattress or,
indeed In some one or more OF the thousand articles
which the OF twenty -four hours minister 10 his
comfort convenience AS almost all others have more
or less occasion just what he he will perceive
how very extensively the application OF this invention
enters INTO the wants OF society From this reasoning he
will understand why and how the extension OF this patent
right Of the privilege to tax society for its OF great
value.
| Though by law the propretors (assignees) Of this
patent in its up 10 the 3lst OF last Au
gust they had gipen up TO The pu6tc for years; per-
hitting every India rubber manufacturer and manuiac-
turing company in The Union to use i without resrc-
ton, and without fec or reward Thus by their own
free act had become common property under the COM
mon law. The inventor according to his own testimony
had received for his estimate of full value twhin
nconsdeabe raction) selling it to the assgnees
1t had. in fact, cost him neither time money, being
purchasers at ten thousand dollars. Now, though the
law only permits the extension oil patent right tor the
benefit solely OF the original inventor, this patent, no
longer his property. extended for The benefit Of his
fh sssgnees Though the law makes 1t necessary that
10 obtain extension OF patent the inventor shall
show that by the operation Of impediments which he
could CONTROL he has failed realize from lis gene
raj use fair equivalent for his time and expense ~
making The invention, thus patent was extended while
the Commissioner had before him the oath oil Chaee
that had cost him nsr time nor money, and, farther
that yauing aitweny thousand dollars. he had recev.
ed for the nven,ion he houshtl in hard cash, eight
thousand dollars You will readily understand that
there was something wrong about the extension OF
/ this patent right, under such circumstances. The his
tory OF the shows that The Commissioner peIemp-
r,lx p(
esied directly against his administration OF his trust IN
this instance their rights under The law refusing 10
sy n ,a h. s o ms naS Gw
above the law beyond the law around the law, and IN
defiance OF It's plain letter, asked BY the combination oil
capitalists aiming to their pockets At the public e.
editor in simplifying this point The facts IN the case
are well known 10 hall OF Congress They have
however, add that the person at whose Immediate
dic,aton the Commissioner acted was the agent IN pro-
curing the reissue OF the Woodwork patent ana the ae
controllers OF the Chaee extension are part and
eel Of the combination of capitalists controlling the Wood
worth legal monopoly, and The Fowler and Ray fraud on
the rights OF Fuller. They are, in fact those to whom
the present Commissioner oue, has office Their exeIIons
put il in his power TO thus decide questions gnoranty. II
you please a. 10 make them half million rlchef, oy
and through fragrant self evident violations Of law, and
the disregard OF the ordinary principles OF Justice =
| In this Chahee case, while you and and indeed all
] who may have occasion IN future to buy sixPence
worth of manufactured India rubber, are ultimately to
/ foot the bill the immediate sufferers the man
ufacturers OF the articles Hundreds in number. they
have scattered the northern and middle States prop
ery worth least FIVE millions oil dollars invested IN the
business Under this extension, they are called on 10
pay for the future OF process which has been IN
Tree use ever since the first India rubber factory went
into operation in the United States the notorious, Tree,
and untaxed right which tnped into the business
nine ienhs OF the capital now invested, The Comns
would grant relief those who suffer from hat
he has illegally done for before remarked, there no
appeal, such from ms acts II is IN your power,
the Patent Office the machine 1t designed TO be tor
aiding the progress of the country, by securng hrs the
monopoly OF useful Improvements TO the inventor for a
reasonable period OF me and then their free use to the
/ community. etl4f .t.e.- .si1.-. -
1 The bill reported from the Senae's Committee on Pat
ents by Mr.. Turney will accomplish this so desirable
end The proof is hand in the fact that it meets with
capitalists Interested against the community in the cases
have brought under your notice, and from their legion
OF agents. attorneys, and dummers ia well IA out oil
the Patent Bureau Your halls beset daily by OH
Gals implicated aiding the imposition OF his recent vio
laons OF the law upon the Commissioner Of Patents
will adopt the charitable conclusion, and say that
they interfere against il only because 10 enact The pro-
in such cases. implies virtual censure upon what they
have already done. Bear with me for minute longer,
until present in few words the design oil that law
Is first secon compels the bureau TO keep tull and
record Of all papers connected with applications OF
| all kinds made to H. $3.50
s second section compes the Commissioner to record
in fn his for rejecting any and all elecedo ap.
tons. s $3.50.
The third section makes il his duty TO give certified
copies Of these records TO any interested artes on the
payment Of the customary copying fees and accords to