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

sr2plsd II al i mast ~ is~ b. granted 10 me have
esh ~ ~ gAae. hssfythins have 10 the world "a
hss sai 10 dsnana ~ eoanlFy that he shall have
an sssasen snd es saat~ . hed thai patent over my
ee4a sses sts 'aycissd 70 lbai patent. give
ne the ss'sns,oa ei 4, hts z,ssa 70 .ny one. Mt.
has ~sga ssgss xss soc ssispsoa oi n wall hold
osst Af Cosay.sfs hesd. Aaa ! will sstofi from hal
e, - s.s g al ts.a hls Hsas Nes. suppose ,he.e
iron say ins % lhs 1aausssohst II Paieels ~ho In.
daosa - aai IL % Haywasa. ts the patenl.
,es ssa y ~,.', ih.s ssshssls spoo saggoss Good
The Conassiaasf ~ epnfis pAysaAg lb NE ab.olue
ief@s - Toe aw Ais Dsdssa SECS a. 10 retain tha,
rsesi - h,s Pssssslen hai here saswsgsd thai
aoodyesT 40 has wafd Jssa N ths psiiton. Here
efiaelps ipsolssd u l6s iussasot !. sallsd 70 eone
"a after hs has asssasd ~. patent. and claim. tic
ss.'' go. Y ne sass 40 ss,ss.sa 10 ssa 10 =,
- hostile, % vel - sbsa hs does appear sad -
tsady, Now, boS : 1hsl % " aabe Il Is unpotisni
il please you honof thoasb have ailadsd ,o 4 ssiofs,
prTa,st ms q present. once lof all trsy II - saia
70 thai Hay safd ard Goodyear both apyssf here am
ward Hos DOES sypsaf lhsl ,sooJy a. eoss. hsrs
Whs, hs SAID ,hs' Ne sgesaF- 'hroagh Mt willis@
Judson, be attorney Mhsss - me p0wrt u ~.
oos,..r s5Ss, i l. a.s =. esi 3 .s., M
tight 10 say he induced 10 a. thai be night not
knos Of ih. pcoerins he does nos sp,.sr hess.
and no gssss' q se,".y ea e and q evidence !.
TO give reason why he does MOI sp,eaf, and se
not called upon 10 show whS he does DOT r.ai power
OF attorney. Do the conifary, ~oaid there noi have
been produced before The Commissioners power Of aof
ney assent 10 the extension 81 ibi- patent the
pat OF Goodsear II saeh thing existed, that beng mat
ter Tor the petitioner 10 show. A. proof, why
may we no, cbage that Goodyear has ahseaied himself
10 evade the legal elect o this proceeding upon him. and
upon the contracts and licenses he has msdewhy may
not charge coliuson heres The notice pubsed from
this Office does not legally extend 10 Eaiope and does
no, bind MIR, Goodyear beyond the la what may
that collusion consist
Have right to say tha, Goodyear no, only
not represented here bat that be ~ al ths moment ~
OF this proceeding and II he not, he would
be here opponent OF this application There 10 evi.
dence IN the 10 show that 1t Is The Interest OF MIR
Goodyear TO oppose this extension. What isHt There
fifty licenses granted by Goodyear record In
the Patent Otlice all OF which will be ound a
license to 10 sei, with The right TO use this pasn-
ed improvement through the original term and through all
extensions III Goodyear has licenses o that kind,
why not--vhy are not the licenses---eptilied
either TO Goodyear before this tribunal to the
power by which he expressly consents ha, William jud
son, his attorney. may consent 10 this extension
With this view OF the case may q please your honor,
say there great TO believe thai these parties,
knowing neither OF them have rsht to an extension
OF this patent resort 10 this system o hnesse si 10 OBJ
tain extension an fraud o the pablie and thea TO
force tribute from the licensees.
Allow me 10 ask the Commis ssoner 10 20 a step further
in the construction OF this statute Suppo.e IN this
case. that the inventor Hayward. makes an assignment
OF his invention TO Goodyear | DO mol care how much
you limit that assignment 50 that The assignee have
power to take the patent Suppose 20 be- assigned Tor
the term OF fourteen years, and longer suppose the
limitation these gentlemen insst upon 10 have real
isencs Goody takes the assignment records Il IN the
Patent Oce and then closes HE hand refuses pay the
fees OF the oihce and says will neither take ic.nse
any other person TO take out the patent, and he goes
away from The Patent Office conened with the assign
ment OF the invention. By tn. deed upon the records OF
the Patent Oce Mr. Hayward Is forever precluded from
claiming the patent himself and no other person can
the requirements Of the law, and patent issue
Now, in such case, ask your honor Hayward have
extension OF the paten. the end OF fourteen years
He has got nothing be has 90, literally nothing 10 the
full purpose Of the lrshman's defaiilona fooile-s
stocking without any leg" Nov, may Il please your
honor, is this very improbable Would be strange
If the purchaser OF invention, having secured TO
himself, is content not 10 take PATENT
This leads u.s. by natural association, TO consider the
relations OF the INVENTOR 10 the rights secured by,
contingent to, THE LETTERS PATENT. The inventor
without letters patent, has relation 10 the patent
laws than any other citizen. He has an invention and
under certain conditions have patent any other
citizen do he like, and IL Is inmaerla whether the
invention is acquired by purchase OF s The creation a hs
BRAN The inventor, then is related 10 the exclusive
privileges conferred by the law ONLY THROUGH THr
PATENT, and when he ls not himself The PArKsrrs he -
not recognised in the law having any cooneson with
them Indeed he is not known 10 the patent law 10 dis
tnclion from other citizens BY parting with his nyen
non he renounces hs rights conferred BY law there
PRivrY between him and patent privileges ior there is
patent with which he has a cnnncXion, The eNlen.
SION is contingency insepsraby connected with the
patent, and the INVENTOR o the matter Tor which the
patent Issues has legal relation 10 u than any
may well extend this patent TO Day or Fowler, both
early inventors OF the same thing, as to Hayward.
Again the 18th section OF The ae, OF 1895 requires the
pae4ee furnish TO the board" (now to the Commis.
sioner) "a statement in writing, under oath, OF the
cerianed value of the invention and OF his receipts and
expenditures, sufficiently IN detail 10 exhibit faithful
account of loss and profit accruing to him by OF
said invention" Now what does that require That the
pa,en,ee and bat the paenee furnish the account
OF profit aud loss accruing to him. the patentee. This
count OF the profit and loss the account OF The
profit OF the sale of that invention TO the public, the
leng of ii in the country, AMI not the particular profit
and sells it tomorrow who charges the price Of this
days labor the OF the invention and then sells
il tomorrow and credits the invention with the price
ceived What do the government care save IA ascertain
the the amount the public have paid for the OF
the invention Thus that this tribunal may know how
much the patentee has received from it, and also how
much the people have been taxed BY H. The Comnis.
soner will settle this question, all others within his
Jurisdictions by reference still and continually TO the
great inquiry How does bear upon the progress Of art
upon the Improvement OF art n the countryl How much
has the public paid Wha, is the amount Of prof, and
loss Of the invention TO the palentteto the man who
puts il into public use and service To answer the
question how lar patent promotes public improvement,
aud subjects science and art 10 the OF man. we must
look not alone to the amount the inventor has acoumu
lated but how literally the public have paid We must
see whether by The patent privilege ari has not been I'M
peded rather than improved OF progressed
Commissioner, Has not question come up where
patentee who mmedsiey after obtaining his patent made
bona fds sale and in consequence OF the failure OF the
purchasers, received nothing | think that that
ground assumed for extending the patent.
Mr.. Hodges The Commissioner OF patents would be
L.. A ..i..,a Ls t.n