The daily union. [volume] (Washington [D.C.]) 1845-1857, 1853-12-08

~ promote the progress O the useful ans or hod Then
stationary Tor periods OF fourteen years whether ths
principles of Nature. not nveoted by man, can be mo
nopoized by one TO the exclusion OF all others; and
whether patent can confer upon paentee the exclu
sive f,xh TO use what he did not invent and 20 make al
inventor respond in damages for using bis own Invention
this can be done under present laws, they should
Do promptly changed, or expunged from the statute book
Inventors cannot prosper under such q construction
Ihey must be allowed tho free use 0f what God has
created 10 mould and fashion il for mans use, o the
energies will cramp and wi,her. and their faculties rust
without benefng mankind or aid, as they have done
IN the great work OF the worlds improvement What
The honest inventor DESIRES and is essential TO his sue
CESS sproleclon OF what he nyents and simple and
eneCtua remedies for inyaslons, with prompt trials The
laws in my opinion, should be 20 amended rs to conhne
contests 10 Questions OF infringement and damages only
With our present loose laws and mons'rosily trials and
unnatural and strange claims under the law. II this claim
to monopoze the principles Of Nature succetds the poor
inventor can expect but little from his exerions TO bene-
NJ himself or mankind: His inveaons, and his chance
OF profits and hopes Of honor, may be swallowed up by
The prior monopo ger OF Natures principles.
| In his Nth claim Morse patents system OF signs
These are not covered by any provision j. the patent
law. II Morse can monopoze this Kind OF writing. he
must resort 10 the copyright law His petenson that no
one combine do,s lines, and spaces without violating
his rights, cannot be sustained until he proves that he IN
vented them Bat all know they DID, and il Is 80
proved in this He cannot combine these simple
and con,rnon elements SO as 10 prevent the rest OF man
kind max ing other combinations TO meet their wants
This attempt al monopoly is only equaled by his claim
ing the exclusive OF sounds, without even showing
how they be used at all For both these causes this
patent is invalid
IA his its claim be patents the exclusive use Of the
motive pewer OF magnetism, and in the eighth that Of
electro. magnetism. | shall treat them one. hoag
they essentially different This not claimed in
his frat patent The dangers OF competition wsfe ncreas
Ing. The fraud path OF reissue, with skilfullyformed
new specification. i rcsofted to- Knowing the kind
wishes oil the American people were With hiT he was
willing the hazard OF patening the exclusive o
the galvanlc power through the electromagnetic He now
asks this court TO sustain him in this fraud upon the law
and this bold intrusion upon the common property OF
! man. He dOubtlesa had heard that English
had held that he who discovers new principle and ha.
invented mode OF applying il. is entitled to its monop-
IN his patent were made and Uiey forthwith sued for
using what lawfully used the day before the reissue
But he mistook the English rule. The English courts
have never held, as understand the decisions, that a
power provided by the Ruler of the Universe can be
patented to or monopolized by any man. Tney have
held that when an inventor has combned and arranged
things produce something and useful, the
prncpe Of action, by which the effect produced, is
invention aud pa,enabe but not the simple elements
or powers used The English cases do not refer 10 a
principle OF Nature but to the principle OF the artificial
being thing invented and paientedi,s mechanical,
chemical. or other principles Our sdversares do not
cite which goes the extent OF patentng prin-
cple of Nature Judge Kanes opinion upon Morses pa
TENS has been cited He held that orses paenl Of 1910
was for art no, for principle OF Nature, and that
Morse had under it the right TO such art for four
teen years He held Buns patent for the art,
and therefore void. The before him was one on
Norsss patents Of lsio 1916, and lsio Il was claimed
by Morse that Bans was identical with his OF ls49.
Being identical with il. if bau's was void, covering
the att patented by Morse in s4o, then Morses
have been void Also because Morse could not repatent
his pretended art. more than Balm. But Judge Kane
held Otherwise. lie held Morse's patents of 1ss6 and
is49 to be valid. though they for the he
% BE- ~ ns o Iea
the whole ground This decision is perfect feio de Sc
The identical principle which he applied 10 Bans patent
kill it, il applied to Morse's two latest patents would
kill ihem also The case Of Ban ", Tasgsst dec-
ded at the which that OF French Rogers
argued II Judge Kane had applied n the latter case
the which have heiore quoted from his decision
in the former Morse's ressned patents must have been
declared void. He equally unfortunate in his in.
vestga.on OF the facts Morse's patent OF 1910 does
not snow that the line can be worked both ways, MOI
that he patented and described adjustable receiving
Magnet does The record sustain the allegation tina
S,enhe's and Davys inventions were mere semaphores
speaking TO the eye. Both recording ielegraphs
Ober could be enumerated Having these thiag
in mind cannot look upon The case OF authority
Judge Kane went go lar beyond the Eng cases - .o
! stand alone Our statute and the English iden
cal The English courts Interpret Their statutes, and on
! courts own But il courts were 10 follow III,
English they could not this patent because is h
principles OF The machine the invention, and rot thos
i OF Nature, that they hold TO be patentabie.
But il admit that he who discovers principle. AM
shows mode OF using u can have valid patent L
the whole principle, IL does not help Morse in thi
case In the FIRST and eighth claims he the
the motive power OF electro magnetism but he did no
discover tina, power at all was discovered and use
before he attempted TO conlrive telegraph This
proved, and also admitted by bis vain reciias in h
patents He did not first discover the power, nor i
there preience of il in the The proof is all tn
other way He merely applied by attaching his record
ing apparatus Hence this patent cannot be sustained OF
the ground that he first discovered the motive power
electromagnetic II there is nothing else TO sustain il
the patent must fall This claim is broader than his in
ven,ioD, and therefore bad
IL is next alleged that recording telegraph an art
and that Morse invented that art, and that he s enii
tied to a monopoly Of il. This position ia q abandon
ment OF the other. But, unfortunately for those witt
| urge it, this is not the thing patented. The hrst AM
power. II these ls. the patent is bad. They vitiat
II entirely The other claims nowhere refer 10 this pre-
tended art, and il is not set out in the specification.
doos find resting place in the patent at all II only
apps in my learned adversarys brief The other sid,
point out, and your honors cannot find IL in thu
patents They will find only claims TO dots lines, types
combn ations and machinery, &c bat reference I,
cd since the last reissue The next reissue may include
it, il the old expanding and gasping practice prevails.
i Morse has undsPuted right 10 claim certain ma
chnery but he has embraced what he did not invent
which destroys the whole patent, as have shown. But Il
we admit Morse has claimed art has be invented
cation OF things by human skill the purpose
intended" /" Also a system OF rules serving TO fac
the performance OF certain actions" Has Morss, ir
this sense, invented art, and II so, what aul The
OF creating the galvaDic currenhe art Of sending
it from pole OF battery, through circuit, to the
olher-ihe art Of making an electro magnet-the art o
attracting a needle or iron bar or armaure, by the
electromagnetic TO create motion-ihat is. the
motive power OF electro magnetism to Indicate tele
graphic signs--were all known and used before Morses
invention. The art of ie!egraphiDg includes things
which he did not invent. All that he invented was
lndeniing or marking these signs upon paper. lhis
be did. having the Aid Of all the previous arts which
huvo al An1 In ding hA ~