The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-07-18

The Mccormick Patent-The Fhcts in the Case-Ough. d
Patent 20 be Reneoed

WAshNoIoN, july IL, 1000.
The Mccormick Patent-The Facts in the Case-Ossh, tie
Patent 10 be Reneced
The attempt to revive McCormicks first patent-whch
expired s4s-was defeated in the Senate yesterday by
Of % to Is. Although this is the second time this
session that the bill has been rejected, to be tried
again, both in the Senate and House-Mr. Seward, its
great advocate, having been abseat yesterday.
The tecgraphc report OF the proceedings gives idea
whatever Of the arguments and facts of this case and II
you afford the space would be well TO publish the
speeches OF Senators Coamer Pugh and Jones Of Tenn
let the country understand how little merit there
this attempt continue the tax the agricultural
portion OF the community for the benefit Of already
largely remuncrated and who has two patents Tor
Improvements in his machine (without which the crude
principle Of his first patent useless) which viii
pire for five years 10 come.
The facts briefly as follows In 1894 patent
granted r. Mccormick for reapng machine four
teen years AS the law then stood all that CURED
OF applicant for patent oatn that he was
the inventor Of It, thus dong away with all IN
vesisaton into the subject as the Board OF Commits
soners could 70 behind the oath OF the person claim
ing the patent The patent issued IN 1884 however
found 10 be practically useless and on the 3s, OF Janua
ny, 1ss5, Mccormick obtained patent for improve
ment in the machine; and the I'D OF October 1871
he obtsined another patent for another Improvement
These patents had each fourteen 10 run and viii
expire the 2lt OF January, 1859 and the 23d
October 1851 respectively. In consequence Of these
| improvements u q machine has become valuable. In
ISIS Mccormick made application TO the Board Of Ex
tension IN tho Patent Once for renewal of his rst pa
tent which was about expiring. Obedah Hussey con.
tested McCorm'ck's right TO priority Of invention and
testimony ordered TO be taken this point The re-
suit that the majority Of the Board OF Extension
consisting OF Hon James Buchanan and the Solicitor OF
the Treasury Mr. Gillette refused grant Mccormick
appcaton-Nr. Burke, the other member OF the Board
dissenting The patent OF 1894 accordingly expired by
limitation During the Investigation the principal
aminer Of the Patent Oce made report 10 which he
asserted that nod only the principle Of the machine
patented Ia 1854 found In Husscys patent but that there
patents long PRIOR point OF date which
contained The features claimed for McCormcks From
cord IL evident that Mccormick owed his nrst patent
entirely TO the looscness OF the law then existing which
Issued patent 20 any aman matter ofrighi, upon
his o~n affidavit, without further examination
The patent having thus ceased TO exist eight years age
and the right 70 use u and improve upon having vested
- the public the proposition nos 70 revive Il, and
None Of McCormicks advocates pretend that the ma
chine Of 1884 either ecicnt useful or pracu al
What sought TO revive the monopoly Of this affair
NJ 10 prevent any person improving II In any
spcct Mccormick himself improved on Il, as has been
seen. and the improvements for which he holds patents
valuable But the dcs Is TO regain into his custody
the crude principle and thus prevent others from i'm
proving alec, for the benefit Of the country large
But this scheme rendered still odious by the
more than uncertainty which exists . 10 hcCormick's
The practice Of special legislation Is open 70 the mos,
serious objection, and very strong case must be al
vaDced 10 warrant H. In the Of the Mccormick ap
pcatiop, can discover no good reason why should
be granted Not only has he unexprcd patents for
all that valuable In bis machine but In reality he will
have enjoyed surprising neither Of hts last patents viii
be renewed twenty seven years protection from the
vernment-s period surely Of sufficient duration 10 salts
~ the desires Of the most avarcious There no pre-
that Mr. Mccormick has become rich by his in
venon and II is time, that his interests have been
cared for thus literally 70 see that justice Is also done
the public at large.
No one can deny that the improvements which Mr.
Mccormick has made In his machine have been OF the
highest benefit TO the agrcuturss OF this cosnry and Of
the Old World. He deserves 10 be- he has been, rich
y compensated The simple question which arises Is
whether after having done ample justice 20 him. he IL 10
he empowered TO do injustice to others lie invented
Improvements crude principle, aud patents have
been issued therefor which have years yet 10 run and
trust that they will continue profitable 10 him
Bat Is Mr. Mccormick 10 have, In addition, the right
given him OF crushing out all other inventive genius but
his own, by reviving monopoly In the incomplete ma
chine which he has already exercised for fourteen years.
He benefited himself and others by discovering i'm
provements In the principle OF that machine and simple
Justice requires that others should longer be
from the discovery and application Of improvements
which may perhaps be Of even greater value than those
now IN use and for which he enjoys a monopoly from
the government which no one seeks TO disturb.