, 1873-02-05
led to great variety OF improvements in ma
chinery and processes adapted to tnat end.

1:o to great variety OF improvements ID na-
| ch1nery and processes adapted to tnat end
NECESSARY REFORM IN TIE PATENT LAWS.
luis case shows clearly the necessity for q
reform Ut tho patont-laSs. IT, for example, the
Enrtlcs Interested in resisting tho claims OF this
patent could ha'e brought suit, and push to
tho test tie t.1,o meaning and extent Of the pat
cat, its lar1u!sssEe5s would soon hare been
demonstrnted. But no one, under tho exist
ing, laws, could do this. EACH had to
Of this patent could hold it in :e'rorea over thu
| paper-tnake1s, and bring suits upon it when and
where it pleased, taking what time they pleased,
and, in case OF an adverse decision, procrastin-
etlng an appeal for many years: of course,
than contest them under these circumstances.
Very fow, il any, could collect together tho
necessary evidence showing what he'd been done
abroad and in this country prior to the grant OF
to yield to the demands OF tlo Wood Paper
Company than to pczsst in defending them.
THO manufacturing interests Of this coun-
try arc subjected to manifold blacktnailings on q
not withstand m attack III Court, but which
now, by reason OF bribery aud deception, arc
rnadc to yield their owners immense revenues.
1t often happens, too, that c.terprising poo
pie nre desirous OF establishing new manu-
facturcB or improvements therein, but aro pre-
yonted from so doing by the existence of pat
ents, the validity OF which they cannot test OK
copt by setting up an establishment to DO at
teched when the patentees may choose to do so,
and npon which they can keep up . litigation for
years, without bringing it to any dclinito con-
clusion.
Thv true remedy for these evils is to bo found
by allowing any party who chooses to do 30 to
flo 4 bill in any Of the Circuit Courts Of tile
United States to set aside my patent. Tho
owners Of patents ought to be ready to defend
them Whenever they may bo attacked Very
frequently the caso may depend upon q simple
point, easily made, aud quickly disposed Of.
It il often now argued that the public have
assensed TO patent, whereas, in truth aud in
fact, the public hayo had no way to express
their dissent. Under tho law as it stnnls ct
present, it il generally understood that no direct
attack can bo made upon patent, except ct the
instance OF party who Claims similar patent,
BY tho Patent Office. Another exception, how
ever, has boon recently recognized, viz: bill
in chancery IN the nature of scire facas,
brought by tho Attorney General Of tho United
States to supersode patent obtained by fraud.
Tho proposed amendment would be- Of tho
utmost iulportanco,-far more important than
any amendment ever introduced in tho patent
laws since the first establishment Of the Patent
Office. It would scattor to the winds NIL tho
patent .I5 Ihn'nbuga :. and nd cheats; would re-
Of this country from fearful incubus
and would give confidence to thousands
Of enterprises which nro now entirely prevented
BY means of false pretenccs.
In tho absence, howesor, Of euch roform, every
white straw paper manufacturer, md oTe1y pub
Usher and consumer Of paper, should without
delay, make common cause with and assist those
who arc now defending against the claims OF the
American Woodtnper Company, ui,der their
famous OF infamous Mcllier patent They
should not wait to be sued. Tho first case heard
Ly the Supreme Court, II properly presented,
would be the last as to TINT patent. The man-
uf2cturer would then bo saved from the payment
of royalty, the defence from an expensive law
o,1;t | = ff,a ntr,a
". T.. H.,
157 Calumet avenue, Chicago.