The Washington union. [volume] (City of Washington [D.C.]) 1857-1859, 1857-08-11


When really useful invention is patented, instead
Of being profitable to the inventor if he retains and
does not sell to wealthy and ready combatant, he
is Immediately involved in runous litigation and his
useful labors become curse. The records of the
Supreme Court show that the proprietors of one
patent deemed it necessary TO set apart fifteen thou
sand dollars per Of their profits to meet ex-
penses of litigation. II is believed to have cost
twice that to sustain and protect certain other pat
ents finally held to be valid by the high court
One patentee in one judicial district alone, had one
hundred and eight suits pending upon his patent
the same time and each defended when twas known
that he had suits pending at the same time
in other districts. These evils need correction
There two remedies for them within the pow
of Congress. One is to annul the present COM
pcated and uncertain laws, which never will become
matters of certainty and substitute few plain sens
bic provisions declaring the rights of inventors and
those of the public in manner so that the lawyers
courts, and the people will understand them alike
This would cover a portion, but not all the evils
known to exist The most important thing to be at
tanned is to the rights of the inventor and the
public. A patent, when granted, should be as good
and binding against all the world until set aside
and wholly and perfectly annuled by direct proceed
ing before competent authority as granting land
In that event. the only question would be- not priority
of invention, with all its doubt confusion and uncer-
tanty, but simply of damages. If these were
duced to specific penalties all difficulty trial would
disappear. If an nfrnger denies priority of inven-
ton, let him apply to court and set the patent
aside if invalid otherwise let it be decreed good
and conclusive IF another inventor has patented the
same thing let either proceed against the other and
let the court declare one or both void according to
the facts
No patent should ever be granted until the fullest
evidence of usefulness is supplied. In addition to
be exhibited, where possible either to the Office or
to some competent representative proving that the
invention really useful, instead of being valua
BILE only to sell to the ignorant and credulous This
course would result in saving to hundreds of claim
ants both time and money, and the public from many
a bad bargain.
The present system of extensions should be abol-
ished If extensions desirable and constitutional
they should not depend upon the discretion judg-
VI
bad management of the patentee. They should be
matter of legal right in all cases alike upon the pay
ment of further patent fee, as in England This
change in the law would avoid numerous bitter and
expensive controversies The present law throws
upon the commissioner duty which he doubtless
would like to avoid
Another suggestion has been made by men of ex-
perience in patent law deserving consideration. 1t
is to require all applicants to advertise their applca
tons in specified manner, SO as to call atten-
ton to them, and to file with them description of
the date and plan and circumstances of the inven-s
ton, and notify all who claim to have made inven-
tons the subject to show cause, if any they
have, why paentshoud not be granted. The contest
ants to file description of their invention and claim
and to state the time and Of invention
all to be opened the appointed day If no cause is
shown let the patent ISSUE But if any should be of
fered and on examination the contestants claim and
the applicants should conflict let the office refer it
to Judge, appointed for that purpose, to deter
mine, or send it to some court for final hearing as
shall best promote the convenience of the contest
ants. When the patent is issued let it be conclu-
sive upon everybody. Some such provision ought
to be made, Tor the dement, OF all interested to limit
controversies and secure patentees in all their
rights.
1t is not the object of this article to furnish the
details of any plan to reform the patent law Those
intrused with its execution or any practical mind
will readily improve upon Them and run out the
necessary particulars to meet the wants of the public
and protect the inventor.
Among the things important to be accomplished
is to relieve the Patent Office from the unnatural and
cumbersome duties having no connexion with its le-
climate functions, that of collecting and disribu-
ting seed, plants &c. Hthis is within constitutional
competency, it should be committed to bureau by
ITSELF under the control Of the Department of the In
terror. The Patent Office has more than business
enough without it. 1t needs even now, the assist
of judicial officer to aid in matters when law
is involved, and another to perform mere duties of
Authorization. 1t is not intended even to intimate
that the Patent Office does not now perform its du
ties under the present law These views of reform are
thrown out, not altogether settled and confirmed
but principally for the consideration of those whose
duty it may be to act in making those reforms need
ed TO render the Patent Office what it ought to be
under the consttution-usef to the public and the
inventor
DEATH OF EX-SENATOR TURNKEY
We regret to announce the death of Hon. II t.