The daily union. [volume] (Washington [D.C.]) 1845-1857, 1852-06-17

Why, sir under system OF patent laws now, so lar
as have been able to look into them and inquire into
their operation they are mere traps They have given
rise to-i not actually ereated-a system Of attorney.
ships and agencies, which sit like SO many hawks
ready TO pounce upon the brood OF any mans mind when
he has made an invention The Patent Office is so fenced
in now, sir by this horde OF agents and attorneys that
simple individual living IN the country, who has made an
nyenllon cannot even approach The Patent Once. except
through OF them and by paying him large fees To
my mind and my apprehension, pass this law, we
shall start horde OF patent missionaries through this
country TO hunt up and follow every article OF manuiac-
tue through the country, and institute suits 10 NIL our
courts OF justice with litigation. Whether they protect
The rights OF The original patentee or not they will take
TO MI their own pockets IN the course Of the opera
ton. Sir, deem II proper 10 say and will say il upon
all OCCASIONS that our lobbes filed or, not fed
they are occupied with agents and attorneys, who are 10
be paid by this operation, and who are daily boring and
annoying the Senate Why sir have been called from
my seat hall dozen times by those who are 10 make
proh out OF this thing The original inventor has no IN
eTest IN IT. he may have been broken down. and his
nights, II he ever had any, have passed into the hands OF
these very hordes who here 10 bore the Senate not
10 induce ms TO e9siae in support OF any great principle
any great public good but 10 fill their pockets. Like
mere harples they watch and are constantly the look
out for the feast OF reason, il may call it, that flows
from the minds OF the great inventors OF country, and
then dehle the feast by putting their sordd claws upon it,
This. sir, is my opinion OF the effect Of this legislation
and of the source from which it spraDg.
Now, sir, as TO the bill itself and its provisions. 1t
seems 10 me, if the object be 10 conform proper prn
cpe in This case, and TO give the right sort of protection
this bill ought simply TO place all lnvenlors-wheiber
same footing; and 10 extend the protection which pat
enees have against The and operation OF these
machines all machines within our territory. against
such machines coming IN upon us from foreign terrific
res, As the senator from Michigan MIR FELCH] said
little while ago, these persons had the same right IN
foreign countries as they have IN our own to get patent
This individual has the rights but he has exhausted
all time and PATIENCE oil principle and proprley not by
getting exclusive right for limited term of years.
but he wishes j, extended through all time.
The senator from New York Mr. SEWARD alluded 10
the constitution 10 show that Congress had the power
and therefore it became duty to afford this proec
ton admit il 10 be duty, and it is what am ways
ready to perlormto secure 10 inventors the exclusive
use of their invention for limited term oil years. Not
only that, but give them two terms by general law,
and then by special law we go still further and give
them third term We have fulfilled the acquisitions of
TIE constitution in this case, and we have gwen this
cusve night to him and secured to him all the benefits
which reasonable man Of conscience could ask. am
willing, strand il were familiar enough with our
patent laws would add an amendment TO that effect
would propose that the first section of the bill should
give TO inventors in the United States the same protection
against the of their inventions in foreign countries,
as now give TO own citizens operating within our
own limits. For the passage of such bill as that am
willing TO vote; but for this bill, in lis present form,
Mr.. GEYER Mr.. President, the object of this bill is
doubtless good one but according 10 my reading of H.
there portions which il will be necessary
10 correct, or it will induce mschies than be
remedied by il. The first objection have 10 il is the
word use" introduced by the motion of the senator
] from Kentucky MIR. UNDERwooD ] AS the bill now
stands, any person who a machine, article
manufactured By machine patented in the United States,
or m any OF the provinces adjoining the United States IL
liable 10 action; and the honorable senator informs
that person is likely to sue unless he has cause Of
action. and therefore the country is perfectly secured
against mprovident actions being brought
will inform the honorable senator that the patent
laws now stand they DO not afford guarantee. These
persons have the privilege OF suing in the courts OF the
United States that SIT al but one particular point Ordl
narly man Is sued IN his own immediate nelghborhood
and IS subject TO no great Inconvenience in attending the
courts But SIR, the paentlaws as they now stand, have
been made the means OF evying black mail upon consid
cradle portion OF our citizens residing remote from the seat
OF government where the court is held from the cities
where the circuit courts are held. The paientee will
commence his action against person residing at a great
distance from the place where the court is held ordina
ry these individuals do not understand the patent sws
and are obliged to consult some professional man, and
put TO expense for which they not Unidentified
Rather than do that they win often pay small penalty
in preference to litigating IT,
I know that 10 have been the case where men have
been sued for the Of patented articles and they were
told the expense 10 which they would be put and the
time that they would necessarily lose, and they thought
il would be better 10 compromise with the man and pay
small sum.
Now, sir, II the persons who use the manufactured
tce 10 be sued III courts, guarantee should be
afforded, that when the action should be brought the
paenee should be made responsible Tor all The expenses
10 which the party shall be subject who may be sued.
But sir, there is another objection. As il to me,
The bill has been framed with view rather to provide
remedies Tor tie paenees than 10 guard the interests OF
the other side, who also entitled 10 protection. As
the bill stands machine be patented 10 the United
States, and similar machine, substantial moiihca
ton OF il, can be patented in any OF the proyncesu
Canada for MISTAKENLY grant from Great Britain.
They manufacture the articles there and send them into
the United States and because there is patent here
whether younger older, whether OF the real nven
tor nobe is 10 have OF action against the per-
sons who yend that article or use IT,
Again: the ra,entee 81 machine may sell the machine
itself 10 man who lives upon the other side OF the nc
and the articles manufactured BY that machine, il intro
duced into the United States, impose penalty upon the
vendor and the buyer.
In some instances, there may be bill broad enough 10
them without combining il 10 the mentioned by
the senator from New Jersey, [Mr. MILLER man
may have patent also by grant from the Crown OF
Great Britain for the machine which is patented in
the United States and does not CHOOSE TO it at a
be may use both and bis right TO recovery will not de-
pend upon the existence OF patent in foreign country,
hut upon the fact of the article being manufactured by
the machine OF which he IL paentee substan.
ta modification OF II; aud il will be defence, this
bill stands that the machine is Sold and that
you have patent 10 vend the article n foreign country
that the machine Is patented by subject OF The
Gown OF Great Britain, and there lawfully manufac.
tured.
Now, sir, il 10 me that the bill ought 10 be
guarded in these respects We ought 10 have guar
anee that the man will 20 into courl--il lac does 80 at
siiwih clean hands, and not merely that the
iice manufactured by machine OF which he is the
inventor Some senators desire that the inter-
ests OF the purchasers should be guarded and there
fore move that this bill be referred to the Committee on
Patents and the Patent Office.
Mr.. HALE Withdrew the motion TO lay upon the table
because understood from the senator from New Jersey
that he had some remark 10 make. did not know that
he desired 10 be Withdrawn for such wide debate
we now have the prospect OF getting rise now to ap.