The daily union. [volume] (Washington [D.C.]) 1845-1857, 1854-03-15


have received no adequate reward during The term Q
fourteen years secured 10 them by the present patent laws
for the that the system oil patent laws has been made
quate Tor that purpose Take all The greatest ihVeaOhs-
those which stand in The history OF Inc country, an
are identified with It's progress-and might say ina
there scarcely OF them which eneced ihe pufpos
OF the leers-psent within The term Of fourteen years
originally limited remember the patent oi Jelhro Woo
for the plough, one OF the greatest invention
and ont OF the useful Inventions OF this age .wa
extended 10 twenty eight years. and yel Jelhio W oo
never during all that me received adequate reward
Without enameratiug Others which might ps inyidious
this is the actual state OF the case.
n Now, then because has not been possible IN thl'
coantry, any more than ia Europe owing 70 The intrinsic
difficulties OF the case, establish successful system
jurisprudence in regard TO patents, menlofous invention
nave come Con- from carly period, anu hav
submitted their claims TO Congress- which have beeh IN
vestgaled and in many Congress has granted al
extension for the period Of fourteen years Ans
! 10 general has been the acknowledgment of the sound
I'll a, principles that Congress has heretofore amend
ed the patent laws 80 as 20 provide loT system OF ex
tension for the period of seven years Wen, now, ht
system thus amended extended patent seven year
after the expiration OF the original term oil fourteen years
and in ALL the great majority OF cases, avoided an,
injustice, then it might be sale TO reject special app
cation 10 Congress for further extension Of years
making period OF twenty yeight years, because one q
more cases of individual Justice occurring occasionally
may Justly be permitted to pass unnoced. m consdera
ton That Justice was efectuay secured as fer possible
/ by the general system.
So again experience shows us that this system OF
tension for penod OF fourteen years has some
times failed and tas oitenesl in those meritoous
where il most important 10 the inventor to Tue cause
OF science and OF philosophy that The patent should Dc
sufficient reward regret as much as any one
these defects in The patent laws | agree cordially with
the honorable senator from Delaware, with whom am
most happy TO agree very often, especially on questions q
judicial character; and il ever dlfeT with hlm il is
with profound Difference his opinions and Judgment
but must take the fact as II s Our patent laws are
Inadequate. There cases OF oppression whch are
the result of defects in the patent laws We have pre-
cedent, habit, custom OF correcting occasionally IN
stances of injustice by special legislation When the
regular administration OF the patent laws mas been ihsal
hcien willing to go with that honorable senator 10
endeavorng 10 revise the patent laws as 10 render
them hereafter entirely or an inventor 10
come back to Congress alter having exhausted me rem
edies given by the Patent Office But until that can be
done, how with justice select an individual case,
and reject that when that individual is maniesty
mertoous, and leave The system OF special Legislation
10 stand for the benefit OF other which may be
more merorious!
That is precisely this case. We have heretofore
granted extensions 10 paentees because OF the defects
in the administration OF The Patent Oice, or rather the
defects in our law. We have established that Practice
This application comes up with new force. NO one
raises voice, no one suspects that this s not useful
and mentorous invention and that the palentee was
not the original and first proprietor NO one raises an
with the committee upon the ac that he has mol re-
ceved that reward which The constitution OF his country
declares shall be his after having made useful invention,
hope, therefore, that while we shall all admit the force
of the Argument of the from Delaware, and will
attempt make amendment oil the patent laws so as
provide against the necessity OF special leglslaon we
shall STILL in this instance AID such others as come be
tore pursue that system oil SPECIAL Legislation which
shall secure Justice inventors who would otherwise
Iail of obtaining it, until we can secure q thorough
revision of the whole system
Mr.. EVANS Mr.. President, as made the report in
this case perhaps il is incumbent upon 10 say some
thing IN relation 10 il lperlec,ly agree with what has
been said by the from Delaware--that commit
OF The Senate is unit tribunal 10 decide these mat
ters-as much any tribunal that know OF IN the
country The proceeding is en,fey parie and have
seen enough already regard TO matters hat have been
brought before the Committee on Patents to know thar
Htas I.a ab.ru uI4 nd
cey ed design practise imposition. There Is conceal
me OF the profits there sexaggeraon OF the oenehls
and 10 most cases am prepared 10 vote against Them
Now in this particular case, did seem to Ome-although
II had much al the time made tins report as !
have since. perhaps might have looked upon II With
more suspicion-Q heard nothing bot me statement oi
the partes)- II did 10 me that this wac one OF
those inventions which the public were not likely to
he injured, because 1t did not stand an Improvement
calculated 10 njure any speeihc branch oi manufacture,
bu, in competition with every other manufacture OF
woven fabrics Besides, he granting TO this man oil the
exclusive right would not enable him TO put up the ar-
Gle which he manufactures at whatever puce he peases
inasmucn competition with every other spe.
cies OF CLOTH IL n new process oil max
cloth II is no better than the old process, but 1t may be
as good 4 Il as good and the people choose 70 Guy
high price for IT, because the old process OF manuac-
turing cloth by weaving comes 10 lar competition, and
keeps down The price The public, therefore, cannot be
peiudced by it
A. TO the other matter whether this has received
adequate compensation, take the statement of the party
except what might be reasonably inferred from the differ
specimens of fabric exhibited to me. And IRON this,
it would appear that from the improvements which have
been made IN a few years past be cannot have derived
much benefit from II until within year or two past
that before that time the fabrics manufactured OF
such texture that they unsaleabe Therefore,
think likey-ahough look upon these er pnte state
ments with a great deal of suspIconthat be had re-
ceived adequate remuneration and, as am satisfied
injury result to the public, for reasons which have
already stated, good reason Tor Withholding the
| relief prayed for.
| Mr. BAYARD / will Withdraw the call for The yeas
and nays upon this bill after the remarks OF the honora.
Bile senator from South Carolina. have entre conf
dence the statement he has made 10 the particular
case, but II docs not alter my objection TO the prnc
pe. do not ksow why you should attempt to remedy
defec, in your patent by specia legislation But
desire defeat this system of application, IN reference
TO which the honorable senator from South Carolina has
remarked that in four cases out OF i've he ~ satisfied
there is attempt 10 practise imposition. But. IN de.
string TO defeat this system, desire to take bill
upon which think II s moie probable the Senate will
agree with me than upon this, which TO so
strongly recommended. Nevertheless, cannot vote for
IL on the statement of the committee. Other senators
may do as they see ft.
| The bill was then reported to the Senate without
amendment ordered TO be engrossed, read third tune,
and passed
LIEUT.. A. } WILLIAMSON.
The Senate then took up and proceeded consider in
ommittee OF the whole Senate bill No 1885, reported from
the Committee OF Clam--being "A bill Tor the relief o
Lieut. A. ]. Williamson; !" which was read the second
/ time
The bill authorizes and directs the proper accounting
officers OF the treasury ascertain the amount OF prop
erly lost by Lieut. A. j. Williamson, while in the
poy of the United Saies consequence OF the burning
S,,t Ana hcM ,r,v