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

Tor manufacturing purposes, will find il cheaper 10 pas
tno congu foreign territory, and there put up tAe
machines and sci the law at defiance
Now SIR The object being protect the patentee, ant
TO prevent violation OF the patent, We have only 10 IN
qulre whether there any danger that innocent persons
shall suffer iTom lis provisions II there is anything il
this bill that shall bring suffering or danger upon in
nocent parties then some correction should be made lie
US examine the provisions the bill instead OF looking
the appehensions that gentlemen entertain, with
out, possibly minute examination OF the phraseology
oi The bi 10 see whether there s any danger from ha
quarter.
In the first place. the law only reaches the case of those
who undertake 10 the article knowing have been
imported in violation OF law. The fact OF guilty know
edge must be established and | would submit whether
II is not the case, that when individual undertake
knowingly TO article in violation of law, il ran
be said that be puts himself in the attitude OF innocent
pereon
Them again, is the phraseology sufficiently guarded
that innocent persons shall not he annoyed The sena
tor from Delaware Mr.. BAYARD seemed 10 apprehend
that there might be some o that kind. The law
authorizes the paeatee, person acting for him. To file
bill in equity verified by oath or affirmation, in the cir
cult court OF the United States, complaining that any per
son corporation has imported, has in his their
possession Tor sae USE articles imported in violation
Of law He must file his application verified by oath
But that is not sufficient As measure OF greater
tion the law proceeds further, and prescrl5es--
That fhe shall make appear the satisfaction
the judge that the facts alleged probably the Judge
issue order 10 the marshal to take possession OF The
| property"
| The application must then first be verified by oath
and then the Judge must be satisfied that the alleged facts
portunity for hearing before the Judge
submit. them that The bill is carefully framed tina,
there IS no possibility or at least no probability that any
person be put 10 any Inconvenience. Consequently
there is danger from that source TO be appehended
and unless we retain the right 10 follow the individual
who has guilty knowledge-who knows that he has
articles in his possession imported after this time viola
ton oil aW-the bill i5 inadequate TO check the abuse
which it is designed TO check.
| Really, apprehend that upon examination there will
be serious objection 10 The bill; otherwise the patenlee
is without any protection whatever. understand that
cases OF extension ot patents the patent cannot be OBJ.
tained abroad Now, this is case OF peculiar merit,
and commends ITSELF think, 10 the favorable considera
| ton OF Congress
| will refer 10 letter from the late Commissioner Of
Pdents--lhe Hon. Edmund Burke-n reference To the
merits OF the invention which we here seek particularly
1 to protect:
"PATENr OFFICE, January e, I5i7.
SIR, In reply your OF the 9th instant, nave the
character of the machine invented by Thomas Blanchard
for turning irregular forms further extension OF the patent
that the invention OF Mr., Blanchard il great
and sina ula displaying remarkable versatility Of
ia use in the of the United Safes, where it,
merits have been fully and perfectly tested Az TO the org
Inaity, Ingenuity, aud value OF Mr. Blanchards invention,
there can be Mr. Blanchard those very
merodous Inventors whose lot i Is 10 receive bnt li'e
benefit from Inventions tue utility o which marks eras IA
/ the arts,"
There seems TO be no reason why others similarly
uaed may not be embraced in the same law. There is
necessity however, Tor extending 1t so far
gesei by Tue honorable senator from Arkansas, Mr..
BoRLAhD as complaints have come from that quar-
ter The law will not be OF very general application.
Ii is designed TO prevent volaors OF patents from passing
from the United States contiguous foreign territories
for the purpose OF violating the existing patent laws and
think The bill as II stands Is necessary TO meet the case
Mr. HUNTER Mr. President do not rise to make
speech upon this question but il 10 that the
bill than perhaps the trainers OF II
template Suppose patent taken out Tor the same
machine here and in Canada: would not this bill pre-
vent importation OF any articles manufactured by that
lTpZrl all tod in do hnr
II seems TO me would aud yet hardly suppose II was
designed 10 prohibit goods manufactured by machine
actually patented in Canada. The protection afforded by
tar laws would be sufficient in favor Of domestic
ufactufe and to prohibit it would promote The
ests Of tie Inventor, but rather the reverse
Again, suppose the assignee oi a machine patented in
this country BY citizen Of the United States
tablish il in Canada would il not operate prohibition
upon his manufacturers by that machine? II So il
10 that was not probably contemplated by the trainers
Mr.. BRADBURY. The suggestion of The honorable
senator from Virginia MIR. HUHrERl is entitled TO some
consideration Ii was certainly not designed 10 prevent
the npoa,o1 of manufactured articles ia the cases he
has mentoned provlso to the bill however, would
that objection at rest have hastily drawa up proviso
excluding the 10 which the honorable senator
fers. 1t will come in ri the end OF the bill.
The PRESIDING OFFICER, tMr. FooT in the chair ]
The amendment will come up III order alter the Senate
coneurs IN the amendments made IN committee OF the
whole
Nr TOUcEY Mr.. President, hope that this bill
will be adopted IL has been amended IN committee. Ii
W
clusiyey, where person crosses nio the British pos
sessions and there sells up establishment Tor the viola
ton OF patent granted by this government u applies
10 other case, unless il be IN regard 10 other al
jacent foreign territory There to be opposi-
lion, far have been able discover, the gene
raj object OF this bill. No one would yndcae,
tenance IN the least degree fraudulent transaction Of
this kind Indeed Il would be abandonment Of the
duty Of Congress under the constitution of the United
States not 10 project the immense amount OF property
which exists 10 the form of patent rights II there
any species OF property which would protect above all
others, 1t IS that which s the product OF mind. IL has
become somewhat TOO notorious that II is not well pro-
teced II IL matter OF universal regret that il is not
well protectedtha the public beneisctor who has given
benefit to the community derives but lue or none
himself from the result oil his abos, Of his ingenuity OF
his genius.
Now within the limits OF this bill il is obvious that
these men are not protected because along the whole
boundary line OF the country the fraudulent abfcaor has
only into the foreign jurisdiction and there
SET up his establishment and without regard to your laws
he nundate the country and annhse this species of
property As have already said there does TO be
any opposition to the general objects Of this bill adj
mitied that The remedy ought 10 apply the general fraud
uent manufacturer iabricaior. But they are beyond
the jurisdiction OF your laws. There Is remedy that
reach them you neither suit at law,
you enjon reach the manufacturing establish
men IN any way And II is also admitted that the remedy
should be applied 10 the fraudulent vendor, the per-
who has n his possession Tor sale the article fabrca
ted manufacturedn in violation evasion OF the patent
laws. To that extent do not understand that there u
any difference OF opinion bal all agree that the fraudulent
vendor of the article should be reached by the provisions
OF this bill.
But the objection now inerposed is that the fraudulent
purchaser ought not 10 be reached and the reason as
Il -IM.l Al II. L.. -a.as -