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

/
Mr. Dempsler gives his concert at Caus's to- night
We have had the pleasure OF hearing him. but he
comes to Washington under high character,
cellent vocalist in the simple ballad strain
| For Union
An Appeal FOR Asforns Ia ths Patent Laws.
To the Members The Sense and House of Representatives
GENTLEMES: presume hardly need assure you ha, the
mechanics, manufacturers, inventors, patent agents. and
lawyers and spectators IN patent rights, from Maine to
Texas now in condition Of excitement over The
Questions OF reform in the patent laws OF the United
States" such rs was never before witnessed Every
other newspaper falling into your hands contains some
thing going to bear out this declaration; the fact is
self. evident. Now, there be fire under all this
smoke for in this country the particular classes most
earnestly engaged IN The progressing agitation never turn
Tor an instant from the immediate pursuit OF the almighty
dollar. unless forced to do order to clear their path
of mpedimenls eectuslly checking their efforts bet
4 ter their pecunafy coalition.
Besides the classes above referred TO- every other class
and interest making up society in the United States is vi
tally, il indirectly, interested in this question Not yet
tive part in the current discussions Of the subject There
il not lawyer in the Union who is not interested in
having books better and cheaper printed and not
an American farmer who will not be benefited by any
thing which may tend 10 lessen the price and increase
the economy 1.-THE value for his purposes) of agrcuu
raj lnplements nora planter or iIapper who will fail 10
price Of freghts, insure greater regularity safety and
despatch OF trips on land or water The mechanical and
manufacturing interests Of the country whose callings
compel them 10 be constantly the qui for improve
ments in their respective arts, know far better than those
name above how deeply they are interested in obtain
ing all the business dyanlages which they sntc
to flow from wise and prompt reforms in the patent laws
OF the United States These all facts, the bare enun
cation OF which must carry conviction 10 your minds
forcement
will not insult your intelligence and public spirit by
presuming Tor instant that either house OF Congress
embraces member who is indisposed TO do his best for
the general advancement OF the business prosperity OF
his country as that is involved in wise and prompt legis
aOn on thus :. The only question pesPlsxTg
determine this problems common sense dictates that we
should look abroad. comparing the experience OF older
4 and equally enlightened countries with own.
Now, it is commonly said that in England and France
new and useful invention into common IN
half the time required in the United States, nolwhsand
INK the admitted greater enterprise, individual shrewd
ness and propensity TO business risks which GER
ainly characler:e our people You will readily per
ceve The advantage which the oid World has over US
in business competition, from the existence OF this fixed
fact IL there man among You unwilling TO relieve
your countrymen from this disability the destruction OF
such uan in either house OF Congress The question
is, how is this to be done Let US look at the import
ant points of difference between the patent system OF the
United States and those of England and France, which
are very similar. Permit me here to remark that, how
ever odous and reprehensibe the remains Of the leu
da system. they exist in England and France may be-
there is not lawyer in either house OF Congress who
4 does not know that between man and man-betwecn
citizen and czen-the laws governing trade IN those
countries founded uSlCe, Weil-tIle0 PM
cpes, and conscientious observance of equal rights
and further that their administration Throwing out OF the
calculation the disabilities resulting from snhquaed law
formO may be fairly taken az the model for American
courts refer TO these facts only by way Of enforcing
the truth, that whoever designed to be prsteded or
privileged by the laws OF those countries protected or
privileged eectuay and at least as tar as ne should De
u Of right.
In those countries privileges are granted
under patent laws not for the benefit OF the grantee as
much as for that OF society at large ne protected
not only that he may reap fair share OF the advantages
he besows society but that others be encouraged
10 follow his example, in producing new combinations or
inventions in the useful arts which increase the prosper
ity OF their countrymen. In so doing due care IL
taken las has been taken here) TO prevent laws en-
into engines operate against the multiplying OF improve
mens former Inventions and TO prevent inventors aud
spectators patents from keeping the community out Of
the untaxed OF their improvements, after due time
has been allowed them to reap the special advantages to
themselves promised in granting patent rights The
mode by which this is done is old il is simple and
minlstraon of the clause which, being in the United
States patent laws from 1923 TO 1896, was then eft
ACCIDENTALLY in the amendments thereto enacted at
II that time
This clause gives any in England or France. who
believes TO be his interest," the right TO test in the courts
OF law the claim OF The holder OF patent to be the real
inventor the assignee of the original inventor OF a
useful discovery Improvement. II the tesor proves
that the patent has been granted Tor thing previously
known-or to person who, under the law, should mol
have obtained ii-and il on appeal the highest court
suslans that judgment, the patent becomes as should
4 De, not worm the blank parchment on wnlcn IL Is
stamped IT. the other hand the courts endorse the
validity OF the patent all the privileges accorded under "
hold good, not 10 be again thus disputed. Thus, rem
edy is there accorded TO the manufacturer mechanic
who would use invention for which patent has been
improperly granted No such remedy exists here The
possession OF the patent-rgh though obtained by false
though granted through ignorance OF the
facts involved or through iavoritsU is, under our awr,
conclusive bar against the Of the invention i'm
provement unless bonus therefor be paid TO The for
unae holder In few words the community the United
States have appeal from the decision OF the Commits
sloner OF Patents Just or unjust, all must abide IT.
Though it prevents society from realizing advantages
II worth millions Tin the aggregate) in the saving the
invention issue capable OF eHecting. and though II
PUTS The pock OF the fraudulent patenee hundreds Of
thousands Of money to which he has Just right under
the law properly administered il is hnalt is supreme.
/ Now, gentlemen Of Congress, ! demand to know
whether there another instance under the constitution
and laws Of the United States wherein the value Of one
thousand dollars 10 involved, in which the citizen -
forced to abide the ruling OF public officer, without the
known to laws The President of the United States
may be compelled to before the courts Through
i the operation of OF mandnmus) whenevar In the
discharge OF his Official duties he invades private rights
The acts of the Commissioner of Patents alone above
and beyond the reach of all legal inquiry and remedy
You too well informed not to understand that shrewd,
covetous and interruptions exist. who endeavor TO
avail their pockets Of this immunity Of the Patent Com
missioner TODD wrong. Such partes from the day the
OF the patent laws TO the present. have been laborng
with varied success TO turn the supremacy OF the Com.
missoners ruling to their individual advantage. In all
that time that ocer has decided thousands OF snd
to believe that all these decisions have been
cordance with law and justice, ia to claim for those who