New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1861-11-19
THE MCCORMICK REAPER EXTEN-
SION CASE.
DECISION OF THE COMMISSIONER OF
PATENTS

I plsNi SlON VI LIE NDhntr'iONish VI
PATENTS.
! Cyrus II. Mccormick citizen Of Chiclgo in the
/ SAFE Of II noIs, iled in the Paient Office in due
FORM on hc 9Th day Of November 1860, lis sew
eTal petitions setting forth that, he I'D day Of
October, Is 2, Lluers Patent, numbered 1886 were
glm'ed TO him lor tie tern Of fourteen yens from
snd after hai date, for certain Improvements in cap
, ~ u.sclnes; that card Letters Patent have eiuce
( IN due form Of law been EurTenleied and divided
into ten several rev Letters Patent, numbered re-
sfecvely. S6 ST. SiS, SO, so, ST. SO, SD, sci
aud 80 esCh Of these patents being for distinct ard
separate pant Of The machine originally patented;
I that ibo term for which tie aid piteuts we e
granted leiTg ab)n, to exIife, and the applicant
having failed, without faut or neglect on bis part to
derive fon the exclusive sale aud Of his inyen-
lions iuteuccd 10 be secured to lin by lie said pa;
ens q Reasonable remuneration for the time, ngenu-
ity, and exIeuse bestowed upon the ofisinnton and
rlduciun into use Of said invention be de,ires an
o4teusion'of the term Of said ten patents for seven
years from and after the term for which they have
already been granted.
The applicant in accordance with tie provisions Of
the law, subsequently, fled a statement, under OATH
of tho uscerancd value Of his invention, ard Of bic
receipts and expenditures with "a Wow % exhibit in
detail true and faithful account Of loss and profit
in uBy manner accrUirg to him. from and 10y reason
Of his ssid invention
Due notice of these applications was given by
printed publication, ruriugnr to the act Of Congress.
Contos!ing parties APPEARED. ard fled their reasonf
Of opposition TO the extension, and large amount Of
testimony, ON both sides, was taken.
! -. IL IA, # IL 1881 vcrs IA al
Commissioner OF Patents rs tie DAY for hearing the
aTpiicaiiosi but a special resolution Of Congress,
PACED on the 9Th day Of February 1861, extended
DE time Of taking testimony aga MT the applicant
ninety days. wi ch rendered II necessary for the
hearing he postponed until the lifaton Of that
ire Elaborate arguments have been presented on
both sides and the case stands iOr tinal hearing
aud determination.
| The popular idea Of patent for an invention is,
that like patent for land, il grant by the Gov
cfnn Of tue United States 60 the puteplee oil some
valuable thing Iostcssed BY tie public, and which,
I but for suth grant would remain for tue free and
! common use II al. There could not be greater
mttnke than tits rs 10 the nature and elect
Of uafeul for an invention. 4 patent 20 AN inventor
Is nothing mole or lees than ISreencu on hebrlt
Of Government ith The Inventor, that, IN cOnicera-
I ton o, hs making known fully AID putting into
use hs Invention Tor tie benefit Of tue public after
tie expiration OF tie patent, he shsil, for and dnIng
tic term Of tie ra'ent, enjoy the eX lIsive ufe Of
/ Iia invention. aud the pBtent law holds out, 20
furler rducemoD, 10 invention, that II oiiiseut a.
veor should rot 10 udeq uieiy nllnc rated r lbs
/ time ingenuity ard expente IA onglnallng, patent
ing and iui oducng bic invention into use, thea lie
e.lI BE- tcrnitted 20 lavo The exclusive Ire OF hs
own Invention au additional eytn year., or twenty
one yeais in ali History shows tie nstuHl rapuoity
ana fe nucts OF all civilized people To LhNe been 20
! 90 . that. without an agreement ty the Govern.
pen, enforced by their Judi il, ribunalr hey could
70. be resiIained from scilirg snd hplropIiaG9 20
heir own use any Invention u utility as soon ~ ds-
closed by It's inventor. Till recessafiiy diseouTnkes
Invention by taking away al hope Oh bonOr o. ~
ward TIE chief Incentives Tor men 81 genus 10 ue-
vote their tine, tier money, ana teir ltitntsi 10
Le Oh the utelul ariH. But The beet IN
tess of 10 ;ety the advancement II civilization IL
elf have always required Tie incfcsle ana dhuslon
Of inventions 10y whish lie ncectniy oil sat hud
manual labor SHOULD be uuiuiShed, and tie comfort.
of life ipcrt ased and rendered more acccssibls 10 all
ciarsos and, as these things could Only be octoni-
Islcd by the encourag, ment OF invention III en-
! lisLlened cOmmuhities haye enacted laws, by wren
u cir governments ure required 10 uhGeT'bhe, ~ an
inttruInebt in writing called Letters iaicnt, 'ha', II
airy person would make fnown ana pII l'I I .'o Us
Invention, tie people should bot, without bis con-
e4u, tale Il away IRON him until the end Of spcci'
gea Ierm of Years liz this, IN mist Countries tNe
torn Is fourteen years, at me leash a"u IL 10 ~
tended to .wenty-one years II, nom wrongful ~
f,inoenent or for any cause other THAN his own
negisct or fault, the patebtee SHOULD fail, during
fourteen years. to derive IRON LIS patent acc quale
for bis igveD ION, regard ENG Lad 10
Is ingenuity aud to the time aud expense tes'owed
upop originating and Introducing is into use.
The laws OF this country for we eheouia3oi.on. u
useiul arts BY tue protection Of inventors III the eA
elusive ufe for a Hunted ,imc, OF their own hNsE'
ton provide that, before the fourteen years i0I
which patents a:c in the fret place, trhh'eu nm
have expired, the pGcutee may spptar DeioI "a ens
Coains.ioner OF Paonts acting a. Judi'iai oIeer
"a lo,y tL.t uriibout fult or neglect on lis part