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

DR. Gale The Cnafey case was something like this:
Chaiee bad machine Tor masucang rubber when made
pait OF the subject o letters PATENT and ihnk ne SOLD
hat ior three thousand dollars u proved afterwards 10
DC worth great deal and he came back Tor an
hsnsio That was one OF the causes ,hai operated 10
give an extension. Chaee received for this patent mat
sts oil merchandise OF deprecated stock IN company
That was made one OF the points presented
MIR. Fitzgerald think the considera was more
Than that which you mentioned. | think II some
where about leu OF fifteen thousand dollars.
Mr. Hodges As 10 that. may il please your honor,
mach weight Ia this tribunal the decision of the
priests OF Jusgenau upon the difficulties in the Scot
s esa'e .gd ~ 90, more may have been founded
snd Mr Day and a, all events think your predecessor
would be sorry TO II brought forward precedent,
ard be held ponsbe for soundness its consistency
with his own decisions and The known rules OF the
ofhce.
4 was upon the inquiry OF the meaning OF the phrase
the pstenee shall furnish 10 the board an account &c,
Nc say the word palenee means not inventor, but
that eonnexion, because the account be fur
n.hrd 70 The board IS account OF matters within the
knowledge OF him who sells to the public and not with
10 the knowledge OF the inventor who has assigned his
invention before taking patent is an account OF the
usss OF the invention by the public II am understood,
DO noi wlfb 10 urge ,his point further Suppose IN
sento sells his paienl. and the public pay some millions
u money TO the assignee for its the inventor then
forward aud furnishes account OF the purchase
aoaey received BY hm and says, Compared with what it
has pfoved 10 be worth. have received but e for that
iassnoni am entitled to exenson. Why grant ex.
tension The public have paid oundly for the discovery
Now. ask OF TIE Commissioner whether the amount that
the public have paid IL matter OF legitimate weghin
thai eonnexioD Indeed IN this very the anlhess
is well presented MIR Hayward receives three thou
sand dollars Tor bis invention Goodyear takes the pat
eat goes work and rides the public 10 the tune OF
about lhrre millions OF dollars The patent is about TO
extife, aud Mf Hayward with penitentiai regret, de-
eaies that the result shows his first sale bad bar
ganThe invention OF great value, and for that rea
sun should have the patent extended. And thus when
the public have paid vast sum OF money, that very
payment - tortured INTO reason why they should pay
gfeat deal more That understand TO be very much
the aTgumrnt OF the petitioners upon that branch OF the
There s another clause in the same section Qsh
seoonl which sill further athrms the intention OF the
legislature that this section should remain lnvolate-
vz II u shall be proper BY reason OF the pdtenfses
neglect iau on his parl. having failed TO obtain
ifon the and sale OF his invention reasonable
maaeral,on Tor time, ingenuity. aud expense bestowed
upon the sane, and the introduction thereof into USE
b,s has been held TO the introduction OF the ari
Gle into pubc by the court IN Wilson U.s. Rousseau.
Howard Rep, 676
In case The inyenor has .old his invention before the
ei letters patent, the Commissioner cannot invesi
gate the question whether the inventor has received
proper remuneration ior the introduction oi The article
nto public The Inventor knows nothing oil il, and
make no account OF under ordinary circumstances
la tbs case suppose Mr Hayward can make a very
good account OF for in the language OF the Latin poet.
he 40, only has the whole OF this but he is great
part"
Again may please your honor. | think il will ap-
pear ifom The examination oil this and subsequent acts
that the lnent aud meaning OF the statute that the
stsnies alone shall appear and ask Tor extension, be-
osuse be pedoms essential service TO the public, which
he inventor does not ia other words, that the distnc-
ion not merely OF words, but that there 10 sub
-Ianai difference between the sgni6caon OF palentee
aud Inventor the light ~ which The question presents
iise before the Commissioner The inventor, who is
also the rsenle~ takes upon himself certain risks, per-
ioras certain sbofs. and incur. certain expenses which
The Inventor, wis u not Psleniee, does not That is
10 this inyenuon Produced ali armed and panoped,
from the heal Of Mr Hayward, ID mldnish dream. He
sells h,s insenoh 10 GoodyeaL Goodyear applies to the
Patent Once, and takes oui patent 10 his name.
Goodyear does The work, whle Hayward stands sill,
with toe proceeds Of his invention 10 his purse IL seems
10 me that ~ that there Is some distinction between Them,
and such distinction the nj recognised in
making the law. Againi Goodyear purchases the in
yenioa before he knows whether patent will be grant
e. o, 30, fs5 sgssI ss 'Ia 81 know M Mr Day Day, MTi
prior inventors Of the thing may also claim right
20 paens The assignee Of the inventor forward
aud takes upon himself this risk--in this all the
risks But there . sull greater great share
Of The expense IN all Of Invention s incurred by its
introduction into ase"-not ~ making the invention.
but IN the 'nirodacon. la the great yeBtop known
as Nofdsonh's planning machine, Il Is understood an
assignment OF one-ha the patent made, solely Tor
lhs purpose OF dea,n the expenses OF Introducing The
Invention into use. That was the object oi The assign
nsnt Of onshal Of that invention. which, II s reported.
now psys The sss,snees Of the inventor sik millions Of
money per annun The phrase "infolneiion into use
i employed throughout the statute. think from the
use OF u ~ his that the reasonable iniendmeht
o the law thai the psenite who actually introduces
an invention into use = the person who eooies the bsne
t upon the public, and 10 whom the extension sbonld be
made. and NOT 70 toe invsn,of aoue Why, u the
Invention ia the eye 0t the Law, the whole oonsdera
tOu lot WbfCh Auc en- uson - gfsnt.0-Shl an
aceoanl oi ils introduction ino public Use What
matters that II the inysniion y al u will not be de-
ned--,hough have no doab, that the sfgnm.ni on the
psr Of the applicant wall be Close leatnei, and Logical
~ viii be denied that the ini 34neon Of invention
public forms element consideration among
many upos which the saias allows he Commissioner 10
grant extension Then. N an invenlof who -.lls his
inyennon before he takes ms patent ak erten-
zion, why - that included IN of The statute condi
tons Why enact That the rit~ss must show evidence
concerning IA. "a reduction INTO public when he ssss
Tor an extension. unles- there y meantnx "a ~ Does
not the law. When giant. sKeBsons. sas amply lhis
Issi fIan, and that only, Gao clam AZ srleh.ea
who hls every requisite p the sh section o. ne statute
aud Is not only inventor. bat clohsd si'h hs iashsr
character o paieniee and active nsfsnsni - aifoassng
the invention ino public lie. 0ihef thinxs hsnx s-
tablsh.d soay he snltleA extension but no other
man can, fof 10 other ansNes % ali feseeis the
reqsisiiions OF the statute,
Much has beea said aboui The case oi Wilson and
Rousseau Now. in ihsi ease gadfs Nelson ssys, Ga
page 6t6. that tie "fish 10 sftsnssoa "a essiy
tended the paienles femnpsfAaa iog he ums. inSe
nuiy and expense 10 Introducing iuo The Vable sss."
&c, &c. appear. lf0m THE. that the learned Judge
adopts The word patentee iR the az 10 used
IN the saias-snd that. too IN tie sery des,os IN wbch
the opposing counsel ssy he considered q 10 mean 10
veniof there sny aalhouY a that case, ie.flsssy
cite u m behalf OF the olponsns had saPposed, may
Il please yoor tonof that ws night he mel ~l,h ihbs
elaimibai Il Haywafd could not lake ihs ssisn.soo,
Goodyear might. Bal Il conceded ~ ihs orenias
sion. llnleunyied b Mr. Bfsdyl ! understood Nr.
his name and Tor his hshshi, take ~ skiensops
md asl h. ~ grfE