The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-06-29
The New Law Of Patents.

OUc OF tue ITultS VI ClVillLdtloH 10 lliS piOcCS
ton given by law to that species of property
known as Inventions. TIC encourage ingenuity
and mental exertion when they are as well EN-
ployed for the public good as for private benefit,
the most civilized nations have adopted the plan
of issuing for all such inventions letters under
the greet seal which, for certain number Of
years. give their author the exclusive benefit OF his
tn;l 'vanl. bis labors The English law, which is
that the machine, the operattbie subject, requires
sought to be patented must be new to the public
and something thas may be reduced to the form
Of a vendble Axtiole. A mere philosophical idea
cannot be patented The practice under the law
is very precise and formal the delay in procuring
a patent very greet, and the expense Of obtaining
it very large. II is about six hundred dollars,
under any circumstances
Our own system originated in the Constitution
itself, that venerable instrument which seemed
wisely to foresee all the important interests which
required compromise or protection
Under various acts of Congress, beginning with
that Of 1890, car system has been matured until
il has approached perfection. We have a Commits
sioner Of Patents, and also Model Office which
has no rival in the world The mode of applica-
ton is simple: the expenses are light and invent
ors have been able to secure their legal rights
with but little delay.
In England the expense attending an applica-
ton for patent is SO great as efiectually to
check the spirit Of invention, ana the poor in
ventor retires from contest where his ability is
greater than the length of his purse. In the
United States a contrary principle prevails and
the cheapness of the proceedings places every in
ventor within the reach Of q patent. Thirty dol
lars is the fee for obtaining it. 60 large is the
number Of applicants that great competition
exists among them, and while this is the chief
ami perhaps.the only difficulty we encounter I'M
der our laws, tits highly beneficial to the public
The chief questions which have arisen have
been those Of Infringement; but our United States
Giro lit Courts have ample jurisdiction to deter
mine the right. The whole law is admirably laid:
down in the second volume of Kent's CoR,men-
taries " and thus far the system has worked well.
.Butthere is class Of persons who ore never
contem with any established rule, aud an attempt
is now making ia Congress to change its spirit
aud it's form, its character and its operations.
Neither Inventors nor the public have demanded
any change in the existing laws, but the specua-
tors in the brains sT others have been busy
enough.
TIE new bill is cSnplex and czude 1t isa
dangerous enlargement Of the powers of the
Paten4. For example, it gives
the right, either to himself, or any one he, nay
appoint, to issue subp9nas to compel the attend
anoe of witnesses, to issue attachments, and to
punish for contenpts-this latter being one OF
he nost dangerous and abused powegs now
Known in tris country, and which is already /
Hing car prisons with its victims. This is a
,ower WEIGH is bad enough, even when exercised
" the moss learned Judges; and it would be still
worse, if every Deputy Commissioner and the
ct contemyiates an indefinite nuuber Of such |
have this power. Imprisonment I
gould be an every day occurrence, and its dura- !,
ion, not defined by the act would be limited only
y the pleasure Of the Official exercising the |
uthority.
The bin, in another section, contemplates the
stunning 10 the Patent Office Of The money paid