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

on of science and The progress OF the arts in the
try Now, upon what principle IS the extension % y
a patent TO be granted The learned gentleman VINO
opened this case for the applicant says II IS granted
upon the principle and considerations when govern
in the grant OF the original patent mink y sum
cient to such theory TO say under sueu Iue
the patent would be granted in the first instance or weo-
y-one years instead of fourteen II The extension was
granted upon the same basis as the original pa'en asx
your honor why cumber the statute with double SCI Oh
conditions why annoy this tribunal win applications
and trials of this character
No; the legislature says that fourteen years Is the re-
ward and il may be much or litle Dut IL is Tue
sole reward given to the inventor; and is gwen 10
him then, and is valuable to him then, only may y
please your honor il promotes the progress OF me ars
Having in view the constitutional object OF the law and
the peculiar requlsons OF the statute believe the de-
sign was TO grant extensions only in those cases where
there is extraordinary merit in the patented Aventlon ana
never where it is invention Of an ordinary character
or kind made in walk 10 which invention mas al
ready marched Tor years. When the inventor
has opened some new force. brought 10 the use ana
subjecon of man law, or turned the light OF
upon pored field OF useful and eco
nomica combinations then he may apply Tor and receive
from the government through the Commissioner of rat
ents, extraordinary reward Creations OF me BRAIN
properly dvisbe into three classes as touching Inc
claims upon the public. The multitude OF ordinary IN
ventions within the measure OF the ordinary femu-
nerationiew of superior merit may ask for more lib-
eal compensationwhe there are rare cases where the
creation is above the standard OF humahrewad Tor IN,
stance the great mass OF inventors who apply an OLD
mechanism TO a new purpose-or improve a known ma,
cbne or conrvance by the introduction OF another we'll
known prncp|e thus producing simply neU combination
OF known forceswhile they render great and lalbiui
service TO the country must content themselves with the
reward appropriated by law for their abors. Whitney,
gaspng neU pnncipe, developed the dormant resources
OF The southern cotton lands, and added their virgin vgor
TO the effective wealth OF the country The researches
OF Oersted exposed TO the understanding OF man ne
element OF physical force-electro magnesm-and under
his charm the ghnings OF heaven have become the most
potent energy OF mechanism the most obedient conrles
Of intelligence. What shall reward him but Immortality
From the fact that, under the act OF Congress- no law
/ haQ hap pnnda han nj laUIA la
upon this subject in this country, giving 10 the INVENTOR
as right, more than fourteen years the term OF his
monopoly must conclude that the intention OF the egs-
laure 10 establish that the limit remuneration;
that the sole reward given 10 the inventor Is fourteen
years, exclusive use OF his invention, save when, by
some great labor, great learning great ingenuity, an
inventor has fixed upon line OF thought which ex-
poses and brings to the service OF The country new
OF nature, opens to the OF man force or the
application of an old force in an entirely new directions
then, IN consideration OF his great labor bestowed IN
consideration OF the great acquisition 10 art the Comms
soner Of Patents, the other conditions and circumstances
provided and stipulated in the act OF Congress being
proved and established, may extend the patent but PR
mary and for all ordinary purposes the fourteen years is
the end aud aim OF the lawn view still that It's intent
TO promote The progress OF useful arts IN The country
This promotion depends IN measure not upon one in-
ventors pushing old matter further than his co-abor-
ers; Tor we well know that when the path OF invention
marked out, trodden by multiludes, and Il
the first advenurer does not perfect or consummae his
vision, the next one will.
Art its most comprehensive signihcaton is not pro-
~ recompense For illustration Of this. take incidents IN
the history OF the discovery OF the uses OF steam. An
ingenious mechanic OF thus generation inyens some i'm
provemen in the construction OF hgh-pfessure engines
by which fuel is saved certain dangers ameoIaled-
the account between him aud the public larry adjusted
by the accord OF fourteen years monopoly AT an earlier
day Fulton efecualy applied steam To navigation, and
relieved the maritime service OF the world from lis long
sublecon TO the powers OF the air aud the currents OF
the ocean. Tue utmost donation lawfully awarded 10
him and his heirs is extension OF this monopoly saven
years beyond the first limit Near two centuries have
passed away since earnest student OF England prose-
cued bs scientific researches through The turbulence OF
civil His machinery failed through his simple obe-
dence TO the supersons OF his age, and he died with his
darling object unaccomplIshed he had not produced
praeieal improvemeHtand yet to the Marquis oil Wor-
ceser FIRST, among the first OF all men, given the
control OF that immeasufable power which, though hid.
den yet, forever evels IN the niest drop OF The
inventor receives no recompense-he did not perfect
his aborshe other, pioneer in unlried sphere re-
celves the highest legal reward. The other takes his
place among the great host and with them receives the
common measure
desire present this proposition: No extension Of
any patent should be granted should proofs or argu
ents be weighed unless the Commissioner is convinced
that, from the specification otherwise, The invention
is one OF extraordinary merit II the petitioners have
come here with proof that they have made such in.
yeDtlon calls upon the Commissioner TO investigate
their claims IN thu. matter. then turn to the Law and ask
you have they complied with the req1slions giving the
power and regulating the proceedings an application
Tor an extensonl Have they complied with the statute
requisons necessary TO affirming their claim 10 an ex-
tension
In the first place, they mast show patent so issued
TO be within the power oil the Commissioner TO extend
it under the act Of 1896 We say, frs, that they must
show patent so issued in its origin to be within the
power OF the Commissioner 10 extend II under the act OF
Il 1896
Secondly they must show the invention to be the
property of the inventor.
Third This being court OF limited jurisdiction, the
form OF application and mode OF proof being pointed out
by the statute, they must apply within the limitations,
and bring the within the conditions OF the 18th
ton of the OF 1896. they must independent OF the
patent ITSELF show all the proofs required in the Patent
me ntioned in the rules of this Office and before the
court.
As understand the counsel for the applicants they
rely upon fuliment OF the requsons in this manner
First. That this is within the meaning OF the
act OF 1885, and that the inventor Is entitled TO
sion OF the patent, though issued to his assignee
and second that the inventor is the owner of his
invention as the matter OF fact, and he is therefore
proper person 10 apply for this extension And thirdly,
that the patent Is primq fattd evidence OF novelty
This, believe, covers the ground taken by the
sci In the opening argument.
Perhaps Il is as proper here anywhere in the
and rules OF the board OF extension which have subse
lquently by the act OF lsas become law in this Office the
application must be accompanied with proof ha, the
party applicant has not received compensation. or In
the language OF the statute, reasonable
for the ume ingenuity, and expense bestowed upon the
same and the introduction thereof into understand
before the granting Of the application that that pre-
mnary step for the petitioners to ake and the burden
is them TO show proof to that effect a necessary
part OF their preliminary evidence without which the OPP
position cannot be called upon 10 present their case
-.