The daily union. [volume] (Washington [D.C.]) 1845-1857, 1853-11-26

Tho Patent Laws Their Uefeots and Remedy.
The Constitution authorizes Congress 10 pass laws" TO
promote the progress OF science and the useful arts by
securing for limited times. authors and inventors the
exclusive right their respective writings aud dlscove
RES" Under this provision the temporary act OF 1870
was enacted That OF l793 believed by many to be the
best passed. followed and contnued in force until
in 1885, by disng for its IN
conssences. uncertainties and warranted discTsons.
than for any other qualify The Burning Of the Patent
Oee. 10 December OF that year. afforded apology Tor
some amendments of doubtful constutionaly and 9TH
ers Of questionable import. II they before amiga.
Gus. the act OF 1899 rendered them in respects
the common mind. comprehensive. Each legislative
addition has rendered the whole and more OBJ
scure. The rays OF Judicial light usually so clear
and powerful, have scarcely been able to penetrate
them. Although included in few printed pages.
there is more to bewilder those most interested in
them, and 10 puzzle the courts than in any hundred
pages OF law to be found in statute books. They
bid fair 10 out-riva the celebrated English statute OF
frauds in creating labors for the judiciary. and in con-
founding the common understanding Good laws define
the rights OF those subject 10 their operation in manner
easily understood by the public at large, and protect the
rights which they create The presen, paten, laws al
most wholly fail to accomplish either. They nowhere
clearly and fully define what patentabe, what
constitutes invention They leave The public and the
courts substantially in the idark these points. This
occasions innumerable controversies good and valid
patent may be fought from its birth 10 its DEATH often
costing n litigation than it produces. while an in
valid one may be the basis OF endless legal
without the possibility of being vacated, either by the
Commissioner who issued it, the judiciary, or Congress.
Where large OF capital has been invested and
time has shed its msls upon disputed facts, the interest
of the parties often induces them to scruple at nothing
which promises in litigation. Perues but too
often contribute the result The talents. dextery.
and skill Of those who witnesses by trade in Civ
ing their own and combating The opinions of others, not
unlrequeny the scale Of victory Neither the pat
en,ee nor the contestant has fair chance So grea,
the evil of this endless and expensive litigation, that
many now refuse take out patents at all, but their
improvement as well as they can in secret Professor
Morse has advised inventors 10 do So How much soever
we may censure the course Of individuals in particular
cases. is quite apparent that the great fault is in the
patent laws themselves They DO not conform to the
constitutions because they do do not secure" the rights
they profess to confer They neither clearly define tho
hits OF the patenlees the public, properly pro-
ec either Patent trials the dread Of judges and the
adherence of ures, and the authors OF endless delays
upjus,ly visited upon other suitors.
They often las, for weeks, involving numerous arts
and sciences conflicting questions OF identity. and ntr-
cate ones concerning damages Congress should relieve
courts jurss and parties from this uncomfortable state OF
things. This is easily done. First dives the patent
laws OF their obscurtes uncertainties, and catalogue OF
dscre,ons whether devolved upon the Patent Office OF
the courts Second, when patents are applied for. notify
The public 10 show cause, if any they have, why they
shsud no, be issued Third, make ample provision for
hearing ard trying the objections raised il any Fourth,
when sran,ed make the patent conclusive extensions
now are against all the world. that trial the in.
lriugenen and damages will be the only questions 10 be
considered Fifth protec, the public, authorize parties
interested to take dbect proceedings, aside and
annu the patent. IL the pa!entee is beat, cancel h's
patent and lie, that end The matter. II the Commits
sioner of Patents has mol time 10 hear preliminary
questions, cohe judicial officer with power
to do II justice requires 1t. send issue OF facts TO
circuit district to be tried. Have all Questions
preliminary to issuing the patent determined before the
interests involved become large, and while The facts
and easily proved BY this the courts and
ares w be relieved, and the pa,enees rights protect
ed" secured Under the present they Dr.
The sole power OF relief Congress. The duty OF
promp, action to be demanded by numerous con.
sideraons Iii not purpose, however. to a,temp,
general discussion OF this matter. We suggest some
frame work. indicating the changes which we deem
essential. The pfope'y OF remodelng the whole sys-
TO US very, quite pspzoie and we uus, that
suggestions may arrest the attention OF Congress and
result in remedyiET the evils of which The public
loudly complain, and also secure TO inventors the
exclusive right which the constitution promises, and
thus render their labors profitable themselves and
beneficial TO the world
Hon. Augustus Drum, or Pennsylvania.
One OF our Pennsylvania contemporaries says;
" Though Mr. Drum il n member of Congress and
Young man, predict for him national pu,aton and