The daily union. [volume] (Washington [D.C.]) 1845-1857, 1853-02-15

upon the petition OF the paienises the passss only u
mentioned as the proper recipient OF that gtant fhs
oPposiuon take their positoa upon thai statute, sS4
are entitled, then 10 stand there until some sss-oa a
shown why The letter OF tina, statute should f.csise
1ne'plealon asl1 eta different from ls most eesoss nr
lha' kIommissioner OF Patents ~ entitled 10 extend a
Pa'eh' 10 anybody but the patentec - not inpt"eef
lot me TO say again that this Is court OF limited sns
dchon-not Of inferior powers, Tor ts jurisdiction !.
mai bu II Is court OF limited larsdleon aud mast
govern itself by the law which creates that jurisdiction.
u cannot assume certain powers PASS ugoa ccTlan
things as incidents Of its jurisdiction. the eomBon-las
courts al times may do, but must be governed by the
Ism sections Of the act OF $780, giving 10 u an later
pelauon consonan and harmonious with other sections
OF the same statute and that and that bar
mony must be settled by established rules Of the a~ gov
erntng the Interpretation OF The statutes
lpropose now to expose what find TO exist in Other
sections OF the satute and statues 10 work
changes confomaons OF the letter OF this law Under
the act OF 1885, and all prior acts the inventor was the on
person who could take patent hence, when patentre
Is used IN the 18th section, II "a SAID nyentof be-
cause but the Inventor could then be the palentce
Now may please your honor the greater contains The
lesser consequently the wordpatenlee must under kat
act inventor; but the word inventor soes not ncc
sarily mean paentee There is wide distinction between
the two terms Now, as the law stood prior 10 1887 The
word palentee in the law meant inventor nprover dis
coverer, combneT, or any other term that signifies one
who creates what the subject Of paen but the
verse OF that is not tue-the word inventor does not
mean patenlee by any OF IL is only, how
ever by this interpretation and by attribung singular
power to the act OF 1897 that the assignee OF the nven
tor, or the inventor when he has assigned his right TO
take patent come in and claim extension under
the act OF 1886.
TIE act OF 1887 be brought to bear upon the act
of 1886, change in some particulars, and repeal
1t IN others, before such Interpretation be given
before the Commissioner give the statute OF 1897
the Interpretation and power claimed by the petitioner and
change the terms OF the act OF 1885, Before doing
the Commissioner will observe the fact that by the 18th
section of the statute his whole power extend is grant
ed Now grant that there would be different view OF
this matter if, when passed the first statutes in this
cOu NOR had mn
orally that extensions could be granted 10 all cases In
such the Commissioner, believing the extension
equal in right with the original grant OF the patent, would
give upon an application an equally extensive ntepela
ton OF the law Bui in The 18th section OF the act Of
1886 is contained the first and the whole power Parties
who wanted grant of extension prior tina, must
get special law for that purposes and all the law Of
s32 did was to point out certain rules for those making
applications to the national Legislature That statute
altogether act for the benefit OF the inventor.
but to protect the public against surprise Prior to 1882.
when inventors obliged TO resort TO Congress 10
clt extension, the public had notice and known
rules under which 10 oppose them: So important IL
that those interested making opposition should have
full opportunity be heard that Congress, passed gem
eial law directing applications to that body for exen-
sions TO be publicly advertised for proper perod-an
act not altogether unlike one OF the statutes existing in
England. The spirit OF the law is clearly against the
enlargement OF your finite and fixed jurisdiction II is
also clearly aganst the extension OF the paeht In
other words, the whole burden is the appcants-rst
TO show that the is within your jurisdiction, and
then 10 show they are entitled to an extension by indie
tam rights gwen 10 the assgnees of inventors and
among them the right 10 take patent Now in the ST.
ience oil that statute respecting extensions find potent
reason Tor limiting the scope OF the word PATESTEE in
the 18th secon OF the act OF 1885, Had II been the
ten,on OF the law TO extend the right oi assgnees by
the act of 1897, and give them right only TO lake
patent, but 10 step further and take extension OF
the patent, would II not have been expressed IL
there any reason In saying that because the law OF 1897
gives 10 the asslgnees oil an invention right TO take
PATENT so II gives the assgnees of invention every
Other right that IN other views and characters Is attend
upon ~ Ii this extension fixed and estab-
lshed right, there would be such a claim
bat 1t is no--he law expressly says may take
patent The word patent has a liked and established
meaning There IL no mlsaking what this meaning IL;
all the rights appurenaot 10 1t understood But does
II say further that he may take patent, and with u
that he may take the extension OF patent and all
the other rights OF an inventors BY no means There
is further and like evidence ol this In the act OF
! lS4S. | considering the theory that the ST.
lence OF the law from the time OF the passage of the
act OF 1886 up TO this day the strongest evidence that
there has been the slightest intention TO change the
law of 1885, and the subject has been before Congress
more than say u says nothing about changing
the right conferred upon assgnees and hnd nothing
said about their rights TO take extension in the act OF
ls4s AT that time the tribunal consisting OF the Sec
reary of State, the Solicitor OF the Treasury and the
Commissioner oi Patents, 10 pass upon the extension oi
patents, was abolished and THE WHOLE 20 vER TO
TEND PATENTS GIVEN TO THE COMMISSIONER The ques-
ton of extensions then before the legislature OF the
landeleven years sfer the act Of 1897 became law
and no word is said by the legislature concerning the
right OF assignee TO have extension II cannot be
said TO be passed because the right assumed TO
exist, for between palenee and inventor is highly u
portant distinction necessary for the law 10 maintain TOR
the protection of the pubc-a distinction shall hcreai
ter more fully point out,
Again: there are other forms and provisions OF the
statute which forbid that tn word paentee should be
interpreted TO inventor; and particularly ask the
attention OF the Commissioner 10 the Inconsistencies
which | will now endeavor TO show exists between
them ! call the attention OF the Commissioner first TO
the clause preceding the last povso in the 18th section
OF The act OF ls36-which certificate, with certificate
Of said board of their udgmen and opinion aforesaid
shall be entered record in the Patent Office; aud there
upon the said patent shall have the effect law
though IL had originally been granted for the term OF
twenyone years. and the benefit OF such renewal shall
extend 10 assgnees and grantees OF the right the
thing patented TO the extent OF their respective interests
/ therein"
Now, il the phrase patentee is synonymous with in
venor, and by the act OF 1897 intended ask you
~ an extension 10 Hayward for Haywards benefit,
certified by this Commissioner upon this patent 10 have the
same effect the "palent had been made originally for
twenty -one years !" What TO be the force OF this
clause IL II not absolute and unequivocal that MIR
Hayward u without any remedy Whatever under that
statute Suppose the patent had originally been granted
for twenty years, and where Hayward in this mat
Goodyear and not TO MIR Hayward II is plain thirg
70 prove thn, two and two make four II s difficult
thing to enlarge upon plain statement of this serves
ehecnay, aud OF itself, 10 show that Hayward has no
CLAIM 10 this extension zee nothing IN any part OF the
act 70 shake thus view. On the contrary everything
can hnd strengthens il, and gives all the force and ef
feet OF mathematical demonstration. II is urged that
nasmuch the patent did issue 10 Goodyear for
tseniyone years, and he consents to this exlen.