The daily union. [volume] (Washington [D.C.]) 1845-1857, 1852-06-17
Mr. HALE submitted the following resolution which

RssoUsd That message be the House Of Repre-
IS 45O) amend an act entitled san act 10 promote he
progress Of the useful and repeal all parts
Of acts heretofore made tor that purpose approved Juiy
g. 1886 and also IAN provide additional exa miners
q the Patent Office, aud for other purposes" approved
May n. 1913.
The PRESIDENT. The bill will have TO be returned
10 the Senate before be reconsideTed Ii is not in
the possession OF the Senate, having been sent 10 the
House.
The question was stated upon the motion OF Mr.
GEYER 10 refer the pending bill 10 the Committee on
Patents and the Patent Office,
Mr. BRADBURY. This bill originally came from the
Judiciary Committee The chairman Of the Committee
on Patents and The Patent Office is not in his seat, and
may be Tor some days absent, and this may be sut.
Gent for reconmng the bill TO The judiciary
Committee. | think that the honorable senator who
made the motion will, upon reflection, find il
saly 10 insist upon H. lie will Ind that the objections
which have flashed his mind can all be obyiaed
by very brief explanation. He anticipates that incon
venence might result III the case OF an individual who
had the right TO Manufacture Irregular forms on the other
side OF the ae because having patent there be could
not import the articles here Now If the honorable
ator will recoect the fact when the right 10
chine is sold Il is sold 10 the machine in particular
territory and the right 10 the machine III tho Can
adas could not fairly be considered iustfyng its
to supply the whole United States in consequence Of the
night 10 use II IN that limited territory Again the hon
orabe senator says thai patent might be obtained from
the Crown, and asks if we are prevent the introduction
of articles where patent exists If that patent should
be granted not for the benefit OF the American palentee
y,
deraudmg the paentee in that case think there would
be additional necessity for such law propose
Tor surely we would moi consent that a foreign govern
ment should appropriate 10 themselves the right 10 use
machine OF ours, comforting il upon citizen who had
claim to it, and giving him the power, without claim
right, to nundate this country So that, upon refec
ton, the amendment which suggested in reply TO the
remarks OF the honorable senator from Virginia, seems 10
be hardly necessary and that is objection. Besides,
even that were necessary II would be no objection, be-
cause if there right to use machine in adjacent
foreign territory, il would be under the ordinary Of
sale Of the right TO use the machine there.
One other objection was adverted to by The honorable
senator from Missouri, for whose opinions entertain
very great respect lie seemed 10 think that there was
no sufficient protection against innocent individuals being
annoyed by suits Sir there is more than the ordinary
protection in these cases; for 10 the first place. the app
cation for bill in equity must be verified by oath setting
forth the facts In the second place. the judge OF the
court must be convinced Of the truth of the fact alleged
in the applcallontha s, that the patent had been vo
atedbeore any process can issue. Ordinarily, we know
that there is no such protection as this And again.
further protection is the obligation upon every paenee
or assignee 10 make appear satisfactorily that the midi
vdual complained OF purchased the article or used II in
known violation OF the law.
Now the senator from Arkansas Mr. BoRLANDl felt
great horror lest the hapes should h their pockets from
the legislation OF Congress agree with the honorable
senator In that sentiment; and know that upon retec
ton he would not desire that those harpes should be per-
mited 10 appropriate the Inventions OF others to their
use by passing the line of territory into contgu
foreign territory. With his sentiments. he should be
the last man 10 withhold any legislation which may be
requisite 10 prevent such a fraud as that.
Mr.. BORLAND. Will the senator permit me TO say
here that he does not al all misunderstood my views and
feelings; and made the suggestion TO the friends OF the
BILL that ii those who TO be lis benecares really
in earnest, and desire further protection agans, frauds,
would go with them upon bill OF this kind; but said
and now repeat the suggestion, and hope II will be
be accomplished, entertained different views as 10 The
OF lis accomplishment, and hoped that all other
paenees IN the United States would be put upon the
same footing regards bringing their patented articles
across the line from foreign country, 10 protect
our citizens from invasons abroad well as by our
own citizens. think that this be done by provis
ION more simple than that before and would be free
from all these defects
MIR. BRADBURY. Then we differ only upon the ques
ton OF the form or the manner OF accomplishing the same
object; and would suggest that experience has already
shown that there is necessity for reaching persons
known 10 be using this particular machine in violation Of
law has been already explained. We cannot protect
the parties in OF this kind by leaving them de-
pend upon the government OF foreign nations The law
Of Grea, Britain relative TO the subject has been adveted
10. II appears that after patent has been granted,
extension can be permitted except upon petition 10 the
Queen Ii the Queen ht she may refer that petition
to the judiciary committee OF the pryy council; aud If
the committee fit 10 report in favor, and If the council
adopt their report the report may be referred back 10 the
Queen and then, ii she pleases, she may grant the
newa OF The patent There are 50 many contingencies
that the remedy would be worthless. submit whether
our citizens ought to be left to the caprice OF foreign
government
Bot again the extension would not reach over the
period OF years In this case il is said that 10 the
OF the patent which gave 10 this bill,
petitions came in here at the last session OF Congress
from every portion Of the country, setting forth the most
glarng violations OF the rights Of the pateniees would
beg leave TO add, that there sufficient reasons for
the extension which operated in favor OF the extension
Of the patent Of Mr. Blanchard for his machine for turn
ing irregular forms. II is said that he is now enjoying
the benefit of second extension. That is true. But
Congress satisfied that Il oil great import
ance. They also became satisfied that he bad derived
benefit from the PATENT that lie had devoted his days and
bis nights for long period Of years periecng his
chimes and perfect has he made H. and important is
the machine, that by il he has reduced the cost Of
featuring last from dollar to something less than one
shilling. IL has taken years 10 accomplish this purpose
Now. having shown, as be did and as | have shown
already by reading the letter OF the Commissioner OF
Paients-havng shown Congress that he has derived
benefit from the patent and that after having devoted
years of time 10 perfect the machine he has had all the
proceeds wfesed from him by the viosteis OF the PATENT
WIKI have passed into the Canadian territory, and there
manufactured the articles 10 smugge into this couGy.
hope that we will not allow these parties, who at
tempting TO wrest from the rgbUu propetors the enjoy
meni OF their rights to succeed think we can pass the
bill without ecommittng H. But il the honorable senator
Mr. GEYER who made that motion persists in il, think
Il ought 10 go 10 the same committee that il went 10
originally
Mr.. SEWARD. | hope the honorable senator will
allow me 10 move 10 have referred 10 the Committee
on the Judiciary; for the condition OF the Committee
on Patents is such that they cannot at present make
report.
Mr. GEYER will withdraw my motion 1.-THE senator
will allow il 10 be referred TO a select committee
Mr.. SEWARD. Very well ] will do 40.
Mr. GE1ER. The Committee on the Judiciary have
already proved that they not very familiar with the
patent laws.
Mr. MILLER | do not think that bill Of this kind
can be properly referred to select committee II has al
Ill 1t 4 W.