The daily union. [volume] (Washington [D.C.]) 1845-1857, 1853-01-06


new nventcp were made. presume that such
legislation has occurred in the Congress OF the Uni.
ted States do not know ha, such legislation has ever
occurred IN the British Parliament. IRON which we have
derived sys Of gsiaon for the protection OF IN.
| ventors. | start al the idea OF direclirg patent not
only 10 be lasted Tor improvements which We're patent
aoleior sDpposing them 10 have been paenabe. they
ought to have been patented al the timebut 10 he ane
dated, SO as to back to period before the invention
was made have inquired the reason why these I'M
provemenls were not patented and have been answered
thai II was oversight, neg lect omission 10 some
way 10 obtain psen, Tor be improvements within the
period prescribed by law That is circumstance which
| addresses itself TO the OF equity Of tbe Senate.
But am not sufficiently informed Of the circumstances.
nor am sufficiently informed Of the bearing oi this upoh
other parties who may claim these improvements 10 be
prepared to give my vote for il suppose that the hon
ofable senator from Rboie Island. who proposed that
amendment thought that with the Amendment we might
perhaps guard against the circumstances which might re.
suit from the passage OF the bill in lis present form do
not know whether the Committee on Paeals and the
Patent Office would recommend TO the Senate TO pass the
bill with the amendment. do not know whether they
would recommend to pass The bill without the amend
ment II to me, therefore. that in danger
OF going on with matter oil very considerable interest
to individuals and OF very considerable interest to the
public, without sufficient information. These clrcum.
stances being placed before the Senate, now make the
motion that the further consideration OF this bill be post
poned until Tomorrow.
Mr. BADGER wish 10 say word or two upon the
suggestions made by the senator from New York In the
first place, as understand this case, 10 observe
that by the very nature OF the discovery is taken out OF
the ordinary class of pa,enlable inventions 1t is a
thrcshng machine. Experiments Tor periectng it can
cnIy be made when there is grain thresh 1t
rily requires that years shall pass away the party avail
ing himself OF the recurring season that each year affords
to test his new discoveries or supposed new discoveries
end TO reduce them into practicable FORM What there
fore, would be unreasonable delay in the OF in
venon which could be tried from day to day, and de-
pended not upon particular OF the year and the
presence OF particular crop, what would be
BILE delay in the case OF such invention is very
able IN this So much as to The delay, independent of
ktyt thL cf
oversight in taking out the patent
But Is suggested that as this patent is 10 issue for i'm
provements that have been made and will be dated back
to the time when the original patent was granted, il may
do some injury 10 some person who may have made. in
point OF fact, discovery invention Of something in
Guiding these improvements IN the intermediate time, or
who may have used these do not understand the ef-
feet OF this patent c be so al all II is not 10 be patent
which pus together the original invention and
the from the other The question will al lac, be
open, in the first place, whether any Improvement
made just as the question will be open whether the org
nal inveuon was made The question will be open
whether the party has allowed permitted This improve
ment 10 be devoted 10 the service OF the public wheibeI
be has made any Of it, beyond and besides what
necessary 70 perfect the improvements whether byhis
by any other means, he has devoted the public
or whether any individual with whom he may have a
contest has prior or an equal right with him. There
fore, il strikes me that what is unusual in The course o
legislation is sufficiently and satisfactorily accounted for
by The unusual character OF the improvement and thai
s no reason TO apprehend any SORT OF danger thai
any unjust advantage will be given TO this paentee in
contest either with other paenees or with individuals
1t is but vesling the right in him OF the improvements
made by him; for although an Improvement be made il
coners no right upon the individual, except by The au-
honiy OF the government and every pa,eat 10 condition.
al The party has right, and the exclusive right, upon
condition that the things for which he has aken out The
patent are pateniable discovered invented. o
improved rs the case may be. by him. do not there
fore see the necessity Of making the amendment pro,
posed or any other amendment with the view suggested
by the senator from New York.
M M. a
There is another point upon which should like To hea
him. Suppose that these Improvements were really the
invention OF the paenee but that they abandoned
to the public That gave 10 all persons the right lo
them. Will not the ehec, Of this BILL in its present
shape be TO deprive all parties of the benefit OF the plea
of abanaonmeni, and compel the Commissioner OF Pat
ents TO grant patent for the OF these Inventions to
the patentee, notwithstanding his abandonment and to
entille him TO recover nasmuch The patent Is TO be
dated back fourteen years against parties using aem
when actually Abandoned That seems question
entitled to consideration.
! Mr. BADGER should suppose that such would ao
be the case but will say to the senator from New
York that whatever the effect OF this bill might be upon
the patent itself it would undoubtedly have such ef
feel, because the party could 20 into court ol law,
/ appeal TO The Commissioners OF Patents.
Mr CASS desire TO say something with respect 10
the reason assigned Tor delay. This applicant, Mr.
Moore, whom we'll know, very ingenious man. a.
well as most respectable citizen came here some three
years ago, AT the time that deceased and lamened
colleague from Indiana Mr. Wnicombl chairman o
the Committee on Pensions Mr. Whllcomb then agreed
10 make report In lime Tor the bill pass before the
expiration OF the years He came here in ample
time TO secure the extenson but his object to have
instead Of seven years. legislative provision giving
him fourteen, and Tor this veIy manifest reason II is
large and very expensive machine, which had cost him
much 10 perfect IL, and upon which he had labored six
teen or seventeen Years He naturally wanted longer
patent than is given for machine which s in u.e all
the time; for, suggested by the senator from North
Carolina - only Tor six or eight weeks in the year tha
this machine be used nj all, either for experiment
for any other purpose Then with regard 10 the inven
hon there is very obvious consideration which bears
upon such a as this Ordinarily the inventors OF q
new machine can work upon il in private room. They
can keep their machine 10 themselves, operating there
and shut the world of it, But such course can
be pursued with such machine this II must be ope
rated in the field day after day. The whole world is
around you, and cannot keep secret the inventions
you may make from day TO day, and testing there
One OF the greatest, and perhaps the greatest OF the in
ventions for which he deserves credit, is the sickle
think authorized TO say that never, until he had
vised any where IL the sickle thai Mr. Moore
invented which practically works, and which is used
in every machine that does work Ii ia one of his
principal inventions repeat, tha, machine like this
can only be tested in the field, and can only be i'm
proved in the field by examination OF it there
was about to state that the delay which has TAX en-
place may be considered in portion my fault Ger.
tanly is not the fault OF the applicant that the appeal
for extension was not made within the time required
by law The question brough before the commit
iee and neg elected From that day to this the appl-
has been before the Senate, and has made repeated
applications the renewal of his patent lie has been
here every winter He got through the House of Rep
in the Senate have failed This is the 6rst time, be-
eve, that have succeeded in getting the subject be-
fore the Senate The consequence OF delay may be en-
trely TO defeat the application.