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

al an establishment which itself SET up in fraud
d the patent granted by this government think il is
a-impoftani that This provision IN the bill should be
"a ned because, without IT, the law is Inefficient Why,
sir, what has person TO do who has establishment
Hampshire, New York. Michigan, OF Ohio except 10
send his travelling agent and send the article hrongh
The country, who will return home before the party de-
lrauded discover that there has been any such per-
son within his jurisdiction In snch case the iTand
would be multiplied il those who purchase know that
hey are NOT TO be held responsible Frauds thus
facilitated by your very legislation think that the law
ought TO apply to that and is essential 10 lis eff
cheney that il should apply.
hope the bill will be passed in the form in which il
presented here by The committee Of the whole and
that the amendments " i'll be adopted and these remedies
given to suffering and very mertoous class Of ciii
| Gems.
Mr. BAYARD move to amend the bill by striking
| out the word "use."
| The PRESIDING OFFICER (NIr Foor in ,he chair
That being of the amendments from the committee ol
he whole reported 10 the Senate, The proper way
he question would be upon concurring with the commit
tee OF the whole in that amendment.
| MIR FElCH Whatever may be thought or saii of
the details OF this bill the propriey OF passing H. It's
general object cannot be misunderstood rhe effect OF
must necessarily be 10 increase in this country the value
OF the patented articles BY giving more complete aud
exclusive privilege to the paenee, by prohibiting from
market and from all articles that are manufactured
upon the other side OF the ne in the British pro vnces
Iii now perfectly manifest that il patent extends only
to this country every person residing in any OF the British
prov noes has right TO manufacture the patented article
sae and under the present laws regard 10 imports
there IS no prohibition against bringing that article for
sae INTO this country The provisions OF this bill
such as to prohibit toe exercise OF the Just right OF per-
sons residing out OF this country manufacture ariices
patented here Now, il this bill proposed only pursue
the American citizen who should take the invention of
an American citizen patented here and manufacture The
articles upon the other side OF the line, then il would
operate upon our own citizens alone, and not upon the
citizens OF the provinces But such is not the case
This is bill which applies to the Importation of arti-
licles generally from foreign countries upon borders
Il you take, Tor instance, those articles which
lactufed Abroad Tor which there patent rights here,
you will see at once that II is bill very extensive in
operations Avery large portion OF the articles sold in
the markets OF this country articles manufactured
under paens-some OF them OF very complicated char.
ac'er II does not appyto articles manufactured Of wood
alone, but II applies 10 other articles and some OF them
OF "a very complicated nature Now, the question is,
whether we are willing to pass bill here which shall
virtually give paenee nights broader than any given to
INN by any patent law in force in this country
Whether we snail pass law broader in s operation than
which has ever yet been passed. Whether shalt
larger pos and more exclusive rights to the paientee
than we nave YET gven-give HIM the exclusive right 10
those articles IN this country and thus enhance their
value TO an extent to which we have yet gone
Such is the scope Of this bill Now, | think we should
hesitate before passing bill OF this description 1t seems
to me that have area iy gone far enough upon this
subject There is no claim upon the part OF The palenles
which requires US To pursue the matter further and give
him further rights moi given him by his palentno gwen
HIM by our previous laws in relation patent rights
may be said--lt is sad-that there frauds commit
ted upon the rights OF this palenlee BY upon the
other side OF the line, and remedy should be afforded
| him against them. Now, what is the remedy which
would strike the mind OF any the proper and
obvious remedy IN this casei My idea is that II simply
this persons not having patents cannot manufacture the
patented articles within The limits of this country and
has not the paientee The OF obtaining the
protection beyond the limits of this country that he has
within the limits OF this country? Certainly, be has Ii
understand the laws OF foreign relation TO
that subject American citizens who have patents here
may obtain the exclusive rights to their inventions be-
yond the limits Of this country, by getting patents for
them by application 10 the British government and the
home authorities in the provinces. believe there is no
difficulty IN obtaining patent in that way. II am
correct 10 my statement, hope the senator from Maine
4 IF RR AnEIpk u 1ypIilg garract
! Mr. BRADBURY. Where there cases OF exten
sion OF patents, such extensions cannot be obtained IN
foreign countries Therefore, all those where
we Ind necessary in ihii country, in order TO give
our inventors that protection and remuneration that they
should receive 10 give an extension OF their patents az
understand A. extension be obtained in foreign
country for is ministerial act 10 issue patent IN
Great Britain TO anybody, much more readily granted
than here's but when that power has been eyerted.
and patent has been ganted, an extension cannot be
obtained.
Mr.. MALLORY win send TO the senator from
Michigan Mr.. FELcHl the laws OF Grea, Britain upon
After few moments,
Mr.. FELCH resumed as follows have had put ia
my hands the British statute upon the subject OF the
extension OF patents-fye and six oil William w have
not read It fully, but understand contains provision
for the renewal Of patent By the 4h section of that
statute Il IS in effect provided, THAT il any person, who
shall obtain any letters patents, shall publish such adver
usements as are therein mentioned and shall apply by
petition to the Queen in council for proongation OF
his term, and the consideration of the petition shall be
referred 10 The judicial committee of the priyy council, the
petitioner, and also persons entering against the
prolongaon to be heard by their counsel and wit.
nesses wheTeupon the judicial COMMITTEES OF the prvy
council may report 10 the Queen that hriber extension
OF the term should be granted exceeding years
And her Majesty is thereby authorized and empowered
II she shall see h 10 grant letters patent for the
nvenuoh Tor term not exceeding seven years after the
expiration OF the fret term"
. Mr. BRADBURY. Il extends It only seven years
Mr: FELCH. Yes. for seven years only. That is the
BRUSH statute upon that subject authorizing the exten
sion Of patents under their law. But do not think 1t is
necessary for parties having obtained patents here, IN
der 10 enable them TO avail themselves OF this privilege,
TO pursue this course do understand all this mat
ter however, but so far my information goes, un
dersand that when person obtains rights IN this
Try, whether IL be by original patent by renewal o
the patent, similar patent may be obtained under the
authority Of The British government II am correct in
that matter them and il that So then all party has to
DO is 10 avail himself OF the thus placed in his
own hands, and get out patent in the provinces. My
friend from Connecticut tMr ToUcEyl has very well
said that the mpopriety OF conduct upon the part OF
the person who goes The ue TO manufacture these
articles; and If the person thus injured will but avail
himself Of the he employ, he can control the
entire county within the limits OF the British provinces
as well as within the limits OF own jurisdiction ii
seems TO me that this would be the proper remedy.
i have heard II suggested elsewhere that the amount TO
be paid for obtaining patent IN the British Kingdom IL
so that ought 10 conhne the parties TO
that remedy alone. Now, have said before, do not
know The whole law o the British government upon this
matter; bnt am informed by gentleman who think
ia perfectly reliable, that the expense OF renewing
patent in the British provinces - only Sl25 which
neva NAV be Obtained of the local authorities II un-
dprsapd the matter correctly, application may be