Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1854-07-14

Jarndyce is fair complication of such
one. But this bill is the quintessence of all
that is ridiculous and complicated Who
could have got up such continuance Not
the inventors, certainly. They are always
clamorng for protection. If they consider
the existing laws an impotcnt king Log, they
will find the proposed one an Unsuitable king
Crane. 1t will swallow them little and big,
singly and in tribes. The lawyers cannot
have made it, for besides the risk, that the
ENHANCEMENT of practice under it would
make them crazy, it would be likely to
Brighten of those who otherwise might be-
come clients.
We see that a large gang of additional
officers are to be appointed under it, and that
the patent Office is to be converted into huge
blood sucker with numberless mouths. Prob
ably the secret of the bill is to he sought for
in its capabilities in those two respects. We
can see no other SO likely place to look
for it.
From no little study of the patent laws,
and observation of what is done under them,
patent system is a perncious one, that in
reality it does quite as much to retard inven-
ton as to stimulate it, and more to impover-
ish the public than to enrich it. This will
have a very heretical sound to many, but we
are sure the day will come when the whole
will have to be swept away. But as the world
is not ready for that yet, the patent laws
must he mended as they best can be, 50 long
as they last. We will mention two or three
steps, which we think might be taken with
benefit to all who ought to be benefited,
though we do not suppose they will be taken
yet awhile. The absolute necessity of them
will be seen before many years
First, then,-let the Commissioner and his
assistants, on the payment of reasonable fees
TO tho Office, he made, according u the best
Of their ability and good Judgment, to render
the claimant for patent, all needful aid to
determine clearly what he has a right to get
patented; but if contrary to their opinion,
he thinks he ought to have patent, let him
have it, as matter of right and leave him
and others to settle any questions which may
arise under 1t, in the courts of law.
The power Of the officers of the patent office
to refuse patent ought not to exist in any
case. True, if patent is now refused by the
Commissioner the claimant may appeal to
the Judge of the District of Columbia, but
no one but a wealthy claimant, can afford to
fight his way through that process, against
the whole force of the patent Office and other
interested parties. In ninety-nine cases out
of hundred he had better abandon what he
believes to be his right, than try to get 1t in
that way.
In the second pacc-do entirely away with
the whole system Of surrendcrs and reissues
Fraud is written over the whole history of
that practice. A very large part of the e1-
pensive litigation in patent cases grows out
OF those surrenders and reissues 1t would
seem, almost, as if it was contrved on purpose
for that end.
Third-put a clean stop to all renewals
under any circumstances whatever. Let a
patent be for definite time. and let that be
the end Of it.
Fourth.-Let all litigation on patent ques-
tions, where matters Of fact are necessarily
drawn in, be instituted and carried on in
Courts of law, instead of Courts of Equity;
so that evidence may be brought to bear as
directly and promptly as possible on the
points at issue A great part of the runous
delays and ruinous expense of such cases
would be ended by that change. Truth and
justice would have fairer field also.
If these main points were secured, great
progress wonld be made for the better. The
inventor would have the best means, and the
strongest inducements, to get his patent in
clear and correct shape at the beginning He
would be stopped off from all attempts, by re-
issues, to cover the inventions and discoveries
of Others under crafty change of phraseol-
ogy The host Of appliances which now
gather round the patent office. to secure the
favorable influence and decisions Of examiners
and commissioners would be ended The time
when patent would surely terminate being
known the community would be free to plan
accordingly, and would be exempt from the
entire uncertainty Of the present system
Honest inventors would be better off, and the
whole community would be better off also.