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

model there were certain hings contained which are MOI
in the drawings the specifications Il is now propos.d
10 go into the wide held OF proof oa and by oral les
mony IN relation 10 thai little model which has long since
been burned TO endfavor to prove that these improve
ments were here contained aud thus they will make
this harvesting machine worth something and wiihout
that 1t Is worth nothing, as II is alleged Is this fair
la every thing patented al the Patent Office they require
that The improvement shall be given not only in the model
bn IN the specification aud The drawings But here
find that neither IN the drawings in the specifications
are certain liens contained, but in abnrned model bat N
that II is claimed that there something valuable
Hence the phraseology, "modes drawings, specfca
licns" Put II modes, drawings. and specifications, and
will be then a very different case which would be
presented IL would then be inferred that the drawings
and specifications containing certain things the model
also contained them But as they do not contain wha
now be had 10 The burned model And il il be found
there they are to have the exclusive right and beneh
OF IT,
| do not charge upon the committee any design in
this have idea that they had any such design
Iney wanted TO extend 10 Messrs Moore and Hascall
all the benefit that could be extended to them. Did
they reflect what injustice they were dong to Others
They should have reflected it seems to me. II
oil the most dangerous bills that could have been framed
upon this subject, and we ought 10 be careful to
every objection before we pass H. We shall do Injustice
10 others, injustice to the community, injustice
selves II by our legislation throw such bone of
contention as this before the public. | do sincerely be-
lleve that the blll ought 10 be amended defeated Ii
ought to be amended as 10 make i, simple extension
oil their patent In that case should not have cared ii
their patent had expired five years ago should have
been willing to extend it, know the difficulties which
inventors OF harvesting machines encounter. In the
whole course OF the fourteen years there would hardly
be a single years actual experiments, bat many dii-
hcues TO encounter not shared by other inventors But
that IS no excuse for extending TO this guarantee
OF public legislation that give in any other
It is no why we should give guarantees and rights
and them privileges which we should in almost
any other case In the world deem enormty. | pro.
pose, then, after the pending amendment disposed OIL
% move 10 strike out so much Of the phraseoogy OF this
bill as gives the right to those improvements which they
may have made as provided in the bill.
Mr. CASS do not at ali see the force Of the diff
Guilty stated by the honorable member from Wisconsin.
understand the effect Of the bill to be precisely stated
by the honorable senator from North Carolina. The
fact OF the patent amounts TO nothing unless the person
proves that he is the inventor of the machine patented
The patent cannot be valid for anything but an actual
invention Here is the provision Of the bill which the
honorable senator quoed Ihe full and exclusive right
and liberty of making, constructing using. and vending
to others 10 be made or used, the improvements for
cutting, threshing, OF cleaning grain, which were in
vented by the said Moore and Hasca either OF them,
and embraced in the model, drawings, specifications"
Sc The fact OF their being found in the specifications
is only of the proofs of the invention and there
is any contest he must show that it is his invention.
take it that that is the whole foundation Of the patent
system The patent concludes nothing. The party must
show that he is the bona de inventor, this phraseoo
gy will give him nothing all 1t leaves the parties to
prove the invention, as IN any other case.
Mr. WALKER II is clear to my mind that the sena
tors attention drawn away while was remarking
upon what regarded the most important feature OF
the bill Ii the senator had turned 10 the second page OF
the bill he would have found that ii renewed the patent,
together with the improvements invented by them.
either OF them, in perectng said machine, any part
thereof. from the date OF their original patent the day
from which the is hereby renewed and extended"
Why do the laws require that there shall be something
enduring placed 10 the Patent Office evidence OF what
have nvened' Why required that there shall
only be model but correct dra wing, and that also
shall specify in writing under oath what he
claims is for this simple reason, that may not be
thrown loose upon the world in our litigation in regad 10
them, prove orally anything that may be trumped
suggested by those who may forward as witnesses
There is patent contested in which all the
rest OF the inlrngers are not interested. whenever
patent nfnnged and man has 10 bring suit TO pro-
eci his patent rights, every else infringing those
rights IS Interested IN coming forward and swearing
against the originality OF the invention In point OF tact
they forward and throw the weight oil their inu-
and testimony, tar they can. against his sn
and very frequently the inventor goes down under THIS
testimony To guard against the laxy OF such testimony
might be called from The community generally by
word Of mouth, the patent laws have always required
something specific, something enduring something that
be referred to- which can be placed on record and
deposited in the Patent Office.
Here is proposed TO dispense with everything OF the
kind--o throw loose the whole matter and to declare
that Moore and Hascai shall have not only an exclusive
right TO what they invented in that time, but shall have
H. "togeher with the Improvements invented by them,
either OF tbem in periecng said machine. or any part
thereof, from the date OF their original patent to the day
from which The is hereby renewed and extended
Pray let ask, where is the guide in this bill 10 cou
jury, 10 the Senate that they have invented any
thing You do propose to specify what you renew
but TO legslae generally the subject and say, Now,
whatever you can prove on the broad face OF God Al
mghiys earth that you have invented from that time to
The present, you shall have exclusive right 10 use.
Sir il is asking too much. Everybody must see that
il is
There is no testimony, nothing reliable, TO which
resort, to know what they do claim and there Is
not man in the country who claims 10 have invented
such machine as this, who will not be thrown CON-
pleey in the shade by this provision Tor when he comes
forward for his patent, he is asked where are his spec
fcationsl " Here" Where is his model Here. Where
are his drawings Here. There they are and he is
tied down TO them. Now, Moore and Hascall come for
ward We ask them what is their case, and according
to this bill il is just what they can prove by any person
out of the multitude they may bring. They bring
up person, who says that particular occasion, IN
Another knows that certain piece was put n-iha this
cork that pin--ihs that grip to the teeth IN the
sickle vas put by Moore and Hascall and thus vast
number in this way may prove anything and whatever
they prove Moore and Hascal WILL by this bill, have
exclusive right make use, and vend Every else
drawings but they not to be restricted in any such
way. This is what asked. hope and trust the Sen
ate will not grant IT.
Mr. HALE The subject seems to be sgitating one !;
and a motion has been made TO postpone il, account
of the absence OF several gentlemen who want TO take
part in il, and is evidently producing unhealthy
state of feeling, that it be laid the table for
time.
The motion was agreed to, there being, division
ayes IS, noes IL.
BILLS FROM THE HOUSE OF REPRESENTATIVES.
The following bills from the House OF Representatives
read frat and second time, and referred TO the
Committee on Finance
An act making appropriation the payment navy