The sun. [volume] (New York [N.Y.]) 1833-1916, 1870-10-03
THE PATENT Law MIDDLE.
Excitement in washinRton-The statutory
Law TO be Explicitly Disregnrdcd- Com
Rrcss TO be Asked TO Uphold the Violniors
oi.thc Law-Thc result of Grants Miscr-

LAW TO be Explicitly Disrcgnrdcd-tOn-
grcss TO be Asked TO Uphold the Violaiors
oi.thc Law-Thc result of Grants Miscr-
able appointments.
Correspondence Of Tie sun.
WAsuwGroX d. c., Oct !, 1s1o.-The letter
published in THE SUS Of the Goth met and your
comments thereon, together " lh Judge Paschal's
able an elaborate opinion the legal effects Of the
repeating clause in the patent law, created great
excitement here among the high officials OF the Gov
eminent and other bread-and butter men. BY noon
you could not get a copy OF The svy for love OF
money.
Yesterday there was a meeting or all the law ON
GERS Of the Government now here. After a pro
tracted Discussion II was decided that Fishers blum
derng repeating clause Of the law in question should
be ignored; that things should 60 on as 1T had not
been passed, and that the officials affected by the
law should look to Congress for enabling bills to
make good their Official during the irterregnum
The vicious precedent OF disrcgarding explicitly OK.
pressed statutory law. which the Government IS
thus forced TO establish, is deplored by all its legal
advisers but II cannot be avoided, 1t is tie only
way the blunder can be got over aud the Govern
ment run. II was decided, however, IN view OF the
law repeating all penalties attached to the embezze.
ment Of public funds. that the Government money $
be drawn in from all doubtful quarters, and the
patriotism Of the poople and espeo tally OF importers
be looked to. that questions be raised under the
laundering law In question that would tend to en-
barrass the Government.
There is another circumstance connected with this
now patent law, which is much commented on here.
Under the old patent law, wien an application Tor
patent was rejected and Withdrawn, or had lain In
tile ofce over two years without being revived, 1t
was forfeited and abandoned to public use. In com
piling the new law, the following proviso was at
taehed to the end OF the thirty.nth section:
"And Yrorifed FURTHER, That when an application
for patent has been rejected or Withdrawn, prior
to the massage Of this act, the applicant shall have
sir months from the date OF such passage to renew
his application, or TO file new one
Under the working Of this obscure prov.o, appu
cations for patents which had been rejected success.
sively by the primary examiners, the Board Of Ap.
roala, former Commissioners, and by the Supreme
Court have been revived and passed by the present
Commissioner; and in more than one OF these cases,
notably a sewing machine case, the present Com
missioner, Fisher, was the agent who prosecuted
the application before the ONCE when they we're re-
Jected some years ago. | am informed tnat the
sewing machine patent in question: which is Of great
pecunary value, II it be sustained, WAS used not
many days ago a Matchmaking device with a large
sewing machine company Of your city but Judge
Curtis the attorney Of the company In question on
examining into the case, advised his clients to tgh
tie patent rs fraud, and on account of improper
or "greasing" means used in Its procurement.
Congress would do good act for the country, and
for which the people would willingly forgive them
for past blunders, II In repeating the law in question
they would abolish as a public nuisance the vhoi,
present patent system. man can't tie his shoe
strings nova days In way his grandfather did a
hundred years ago, without having some fellow 20
tor him with one Of Fishers patent rights r,
form somc idea how recllessiy patents are now