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


presented il not to the questions Of law raised II will
be seen BY an examination Of the petition the coun
sci for the petitioners had anticipated the objection
They knowing that the patent could be extended to
under the decisions Of the courts and knowing
likewise that The pstes being IN the name Of Goodyear,
could not be extended absolutely 10 Hayward, have
prayed the Commissioner TO perform for them service
az much beyond his power 10 consummate for him in
his official capacity TO make treaties with the Queen OF
Treat Britain. They ask the Commissioner to EXTEND
THIS PATENT TO GOODYEAR THE BENEFIT OF HAY
wARDtha s to extend 10 Goodyear in trust Tor Hay
ward Suppose done and where the court 10 enforce
the trust when you shall have deceed ~ Let the ex
tension be granted in the language OF The petition, and
what power will be found 10 enforce IT do not stand
here to say that in this day OF improved law and simpl
fled forms OF practice, the Commissioner IS bound TO
abide precisely and exactly by The prayer IN the petition
In other years, parties who went to court OF chancery
and prayed for relief the court could not grant were
dismissed the court for the error. That do not
contend for in this But do say that upon the face
Of the petition and view OF the statute appears that
grant any extension other than the prayed for in
the petition would be against law and further that
grant such an extension would be utterly vain They
ask the Commissioner TO extend the patent that will
be the same as II granted for twenty years, and
decree trust that Goodyear shall hold il for the benefit
OF Mr.: Hayward Now, Goodyear may have conducted
himself IN the course OF this litigation in such way
require that some guardian should be placed him
but there is nothing in the progress Of the trials hereto
fore or IN the management OF the business transactions
connected with this patent, that calls upon the Commits
soner to extend his hand TO protect Mr.. Hayward, or
place his property In trust 10 be taken Of He ia
amply competent 10 take care OF himself there is
man who Is able TO pilot his way through the rocks he
encounters in life, Mr. Hayward is that man. and II is
altogether unnecessary for the Commissioner OF Patents
TO decree trust tor his benefit How the Commis-
soner place that patent in trust How can Hayward en-
force the suit when deceed udson, the owner body and
soul, of Charles Goodyear-how he be made TO
TACT that the applicants in this have associated
these parties In their petition there strong if not
elusive evidence that they knew the patent cannot be
extended within the law. The Commissioner cannot ex
tend that patent and to Hayward any sort of benefit
by the extension, unless he assumes the powers of
court Of chancery and DEGREES trust The power CIV
en- to the Commissioner is unqualified. He may extend,
or he may refuse TO extend. He do He
has no power TO qualify his grant or refusal.
Upon this examination OF the law, | am convinced
there is nothing the statute which authorizes extern
sion OF patent save where the patsates and anusntOr
are one and the same person.
Woodwork against Sherman is cited here as an author
ity TO show TO this court that the word inventor
patentee Now that decision made upon inquiry
the force OF the last clause of that statute concerning
sgneee and AYERS only that the word palenee in
ventor in certain particulars 1t would take half the
time allotted to me, may II please your honor TO 20 into
an investigation of the reasoning of Judge Story in that
matter | leave it with the Commissioner, being salts
fed that the decision OF the court does no, construe the
word inventor even for once meaning paten,ee in this
connexon. Not for does the meaning of the word
patentee come in question IN the decision of Judge Story
As applied 10 this inquiry And, further, if you examine
that case, you will find that throughout the whole
Judge Story s speakngand so the requires-of
assignment OF patent In that decision the court does
expressly say that an invention may be assigned AK
10 prevent the inventor from receiving obtaining
extension Now, the invention may be SO assigned as
to do that what can he the meaning in saying that pa
tentee and inventor are in all cases the same under
stand, may please you honor the position of my brother
Brady to be this II an assignment OF an invention be-
fore patent taken out bars the inventor from
tension then it matters not what the terms OF that
alignment are, because when the assignment is made the
act itself creates and is the bar The word paenee is
what entities him to extension, and II matters not
what Is the language OF the assignment. That under
stand TO be the position taken by Mr. Brady.
Mr.. Brady here explained
Mr. Hodges am much obliged 10 yos for greatly de-
sire to know the whole before accede. may 1t
please your honor, 10 the terms OF the proposition made
BY the learned gentleman but they must go further
BY the terms OF the law, man, under the 9th section OF
the law OF 1897, has presented 10 him The alternative
keep your invention, take your patent, put IL in public
use or yield every claim TO extension That is the
meaning OF The law ! am conlented to rest this case
upon that proposition, 1t necessary, upon the sub
s'anal and broad distinction taken between the words
pstentee and inventor would GO further and say that
when the act passed giving TO inventors the right to
make an assignment the silence OF the law touching the
question OF extension is conclusive evidence that Con-
gress did not at that time intend 10 grant extensions TO
any parties paienees II TO have extension
right involved IN the word paen- II fixed ad.
jeciive TO the word-if i were right OF like nature with
one OF The many accumulaiye qualities oil patent-vz
TO make and vend, and vend TO others the right to
make and vend-f II were one OF those things, grant
the act of 1897 would have influence in constru.
ing the act OF 1886. H. by the act OF 1897 inventors
are made TO destroy right BY making on assign
ment before taking patent, there would be more
IofCe IN the oOlectlOn. but IL Is not right 10
tension they destroy. patenter has no right to
extension, but right to ask tor to seek for extern
sion; like the right every man has 10 be President IL
be can procure an election. A patentee, when he per
forms the services pointed out in the statute has night
to go before the Commissioner and ask extension.
But be has night unless he himself every
qualification named, and meets every contingency pointed
out in the statute. A man makes a will devisng his
property; the will Is disputed because IL Is not executed
with all the ceremonies prescribed by law 1t plain
and, bu, for techins objections valid disposition Of
property yet the courts say 10 convey property by will
Is special right conferred by the law, and all technical
tiles and conditions OF the law be complied with, or
the devise fails The devsce has interest in that prop
eny supposlDg all The conditions not complied with
Has this inventor any right 10 extension The night
10 ask tor an extension right conditional upon the
representation OF all these characters and The perform
OF all the named conditions IN the act and then il is
not the night 10 have extension, but merely the right
to ask for IT, ask the Commissioner to observe this
Distinction, for II 10 an important one
The obeo, OF the statute would not be answered, the
result would not be harmonious to the word paenee
as synonymous with inventor; and under the ACT OF
1899 The rights OF party coming into with the de-
fence, and showing thai the invention new, would
not be secured by that construction; for If in the 18th
section OF The act oil 1885, IN place OF paentee you
the word inventor whefe the patent has been taken
the name OF ass,gnee and defendant pleads the want
OF novelty in the invention, change of the form will
not mend the difficulty II will be tound therefore, that
they not convertible TERMS and ii not convertible
terms there is force in the position taken by the app
cants for this extension In Wilson Us Rousseau the
court say speaking OF extensions of patents under the
18th section of the act of 1895, The whole structure Of