The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-05-27

Senator James, Tue CnalrmRu OF the COmmit-
tee On Patents, has reported to the Senate and
recommended the passage by that body Of an
act entirely remodeiltng the whole system OF
patents in this country. We have carefully ex-
amined this new project, and find il impossible
to approve even single suggestion it contains.
| It is indeed impossible that the Senate win
not regard 1t as an attempt to organize another
sroils department at Washington, with limi.less
means Of making money, of buying up and
ceiling out frieDds-in short, another land sys-
tenn, another InoiaD Department 1t is only
bill-a project but il was heralded to the world
| ny most singular uranimity of endorsement
! by the newspaper CORES pondents at Washing.
ton. 1t was suddenly approved, and 30 ear
nestly approved BY all the news reporters-tbe
telegraph was so literally employed to herald
and p1Qclaim its birth, that to suggest the pos
sibility OF its not being an excellent measure
was species of heresy.
| Now, the bill before as is perhaps the most
curDlDg'y devised acheme by which great pow
er was TO re concentrated in the Patent Ofi,e,
and vast means OF corruption secured TO the
Patent Com missioner, which has ever been de-
Visec In this country. 1t starts off in the first
section by giving the Commissioner judicial
functions. The second makes an inventor Of
man woo s.esls a work not discovered or pub
lisned IN this country. The sixth gives to paten-
tees and sssignees extension from FIVE to twenty
years, at the option OF the Commissioner. By
the present laws the pstentecs alone have the
right OF extension after fourteen years to
twenty one years, On proof that the inventor
has derived no advantage from his patent
The sixth section cuts of the Inventor entirely,
and corters tie right Of extension upon tue
assignee. The seventh section exsmDts
patents from attachment for DEBT This Is evil
Gently intended to cover the operations Of tna
sreculators, and even to shield them against
the obligations they may have incurred TO the
Inventor himself. The Spaniards have
maxim that it is better to he an executor than
Cd heir so With MI. James, is is by far tatter
to be an assignee tnan al Inventor By the
ninth section the Commissioner of Patents is
authorized to appoint limitlsss agents The
power to appoint draws with it reasonable
compensation.
Then comes the organic powers of the scheme
The eleventh section takes awey appeals %
the Chief Justice and the Judges OF the Circuit
Courts, and concentrates upon the Cointnis.
sioDer the final decisi> of all questions relas-
ing to the granting and extending Of patents
1t ia followed in the succeeding section by an
elaborate system Of fees on the hearing Of all
questions before the Commissioner and these
may be enlarged from the sum Of about thirty
dollars under existing laws, to near three
hundred and fifty dollars. It is easy to see
that patent differences would be wonderfully
multiplied under such an arran cement, and tina.
the Commissioner would b. exposed to terrible
temptations to proEong disputes. The thirteenth
section takes from the Courts the power Of
determining the validity Of patents and confers
1t upon the Commissioner and the eighteenth
section gives to that functionary million
year OF printing patronage, which, if we con-
slider the immense power proposed to be con-
fered upon him otherwise in the bill, We can
not regard as too much.
Now, here is 9 scheme Of magnificent proper
lions. Under it the office of Commissioner Of
Patents will be worth, in the hands Of any first
rate politician, five hundred thousand dollars
year. An honest man could not fail to get
rich out Of it-that is if his honesty was con-
ventional only, and he was willing to lake DALI
the law allows" The literal of the bill is this
that it proposes to set up patent fraud ma
chine, by which fortunes are to be ground
out Of aDy conceivable height, dep'h and
breadth. Pass it, and Colt and Goodyear.
and all the patent men at Washin gton-the
whole five thousand assignees will be at
once the friends of the Commissioner. Five
thousand assignees, with millions of value ex-
empt from execution! They can afford to he
liberal--they viii be liberal. Ten to one they
are liberal now even, in anticipation of the
passage Of Mr.. James bill
The Committee on Patents, then, think it
well enough to enlarge the number OF inven-
to1s--to increase the sum total of American
geniuses--by special enactments. They make
man discoyerer of everything not invented
or published in this country! That is certain
ly an original way Of rewarding nerit-,he
most expert thief is not only protected by the
law, but ell the people are to be required to
pay him tax for twenty years, as reward
for the enterprise he manifested in importing
an invention before somebody else.
If we refer to the simple fact that the city
of Washington maintains thousands Of agents
land agents, claim agents, patent agents,
pension agents, corporation and railroad
agents an army of mercensry leeches, suck
Ing at the treasury, besieging Congress for ,he
passage of laws by which the treasury is to be
tspped-bribing, ccrrupting and demoralising
members-we shsll be able better to under
stand the object and scope Of the new Patent
bill. 1t is q species of passport 70 commit
legal fraud upon the people. 1t is rival
effort to make the Patent Office what the Land
and Indian Offices have ever been:-a sink Of
iniquity-a scene Of plunder-a disgrace to