The Middlebury register. [volume] (Middlebury, Vt.) 1850-1882, 1872-05-07

made to place the collection Of notes given
for patent rights upon different footing
from that occupied by the notes given for
other purposes. In some States, il has
been proposed that patent right peddlers
shall take out licences from the State. In
Indiana, law was actually passed de-
claring that it shall be unlawful for any
person to sell or barter any patent right
in any county within the State without
first filing with the clerk of the court Of
such county copies Of the letters patent
duly authenticated, and at the same time
swearing to an affidavit before such clerk
that such letters patent are genuine and
have not been revoked or annuled, and
that he has full authority to sell or barter
the right so patented which affidavit shall
set forth his name, occupation and resi-
dencc, and, ifan agent, the name, occupa-
ton and residence of his principal A
copy Of this affidavit shall be filed in the
Office of said clerk, who shall furnish a
copy Of the same to the applicant, who
shall exhibit the same to any person on
demand. Penalties are imposed for any
violation Of these provisions.
In May, last year, a patent agent was
arrested Tor violating this law and, as
he utterly refused to compromise, or in
any way comply with or recognize the
State law, he was confined in jail From
this he was released by writ Of habeaS
corpus, sued out in the United States
Court, in his decision, published not long
ago, held
at is clear that this kind Of legislation is I'M
authorized. To Congress is given by the Const-
tuition the power TO promote the progress of science
and the useful arts by securing for limited times to
authors and inventors the exclusive rights to their
respective writings and discoveries Art !, sec. 8,
clause s, National constitutional This power has
been exercised by Congress, who have directed the
manner in which patents shall be obtained, how
they shall be assigned and sold. The property in
inventions exists by virtue of the laws of Congress
and no State has n right to interfere with its on
ioyment, annex conditions to the grant Ifthe
patentee complies with the laws of Congress on the
subject, he has right to 60 into the open market
anywhere within the United States and sell his
property. If this were not so, it is easy TO see
that State could impose terms, which would result
in prohibition of the sale of this species of pro-
]
the laws of Congress which regulate its transfer,
and destroy The power conferred upon Congress by
| the Consultation. The law in question attempts
to punish by fine and imprisonment patentee for
doing with his property what the National Legis-
lature has authorized him to do and is, therefore,
void"
We call attention to this important de-
cision at this time because accounts Of
outrages swindles by patent right ped
dlers are constantly being published by
the local journals, and frequently com.
ments are made urging our Legislature to
enact laws for the regulation Of the patent
right business in this State. All such
laws will be void and unconstitutional
The regulation Of patent rights and pat.
ent right sales rests exclusively in the
hands Of Congress, where it is lodged by
particular provision of the National
Constitution. The State Legislature has
power to enact laws for the punishment
of proved swindlers in this, or in any 9th.
or business but such laws cannot impose
any such restriction whatever upon legiti
mate dealers in patent rights,or upon the
business Of dealing in patent rights. Notes
given for patent rights cannot be made tt
stand upon any other or different basis il
the courts than notes given in any othe
business. frauds and crimes may b.
punished but the rights of Legitimate
business cannot be interfered with.
The foregoing from the Detroit Post i
of such Importance and interest that W,
copy it entire.