New-York tribune., 1878-04-13
AMERICAS PATENT LAWS.
rHE MovEMENr FOR AMENDING THEM.

WASHINGTON, April 1O.-A movement TO remedy
certain grave defects which are found to exist IN
the present code of patent laws of tins country has
been in progress for several years
The laws as they stand upon the statute books are
very indefinite and decisions based upon them nave
often been conflicting and unjust Many frauds
have been perpetrated under their protection. Hon
est inventors have been robbed of their rights
through technicaties. Honest purchasers have
been blackmailed Valuable devices have usually
fallen into the hands of persons who have taken no
part in perfecting them, and the benefits to be de-
rived from their use have been withheld from the
public except upon payment of extOrtlonate
royalties. The American patent system theoretl-
cally gives an inventor close monopoly oil his
discovery. The person who stumbles upon new
application of Natures laws to the service of man
kind may deal out its fruits with liberal hand, OF
lie may lock them mp for his own and refuse to
share them with his fellows. He may i'll theory eX-
ercise much control over the workings of Natures
laws, through n particular channel, as if he were
himself their creator
The question of a revision Of the patent laws is
large one, and perhaps other which is likely to
become subject of legislation by the present Con-
gress touches the material interests of every ndi-
vidual in the land to greater extent. Referring to
the importance OF this subject, prominent lawyer.
in an argument recently made before the Senate
Committee on Patents, said
fair average estimate Of the living expenses of every
iuhahitaut OF our country - 800 per annum. Ihat
equals - 800 100000 Those ignorant OF this subject
will not. but those vcTsed in it WILL admit that 10 per
cent OF this amount is fair average for the paid
annually patent royalties which equals an annual
Of $l5OOO0,OO0 In short 1t thus appears that
the amounts paid account Of patent royalty would IN
five yeans more than pay the whole amount OF the Ma
tiOnal debt.
The defects of the system and the abuses to which
b,,- 1.1 70 tlp
inquiry whether the Nation would not be gamer
by aboshing the entire system which has fostered
such abuses, leaving to every man the
freedom to make and use, to buy and
SELL as his genus might enable or his
interest lead him. To answer the inquiry the
patent lawyers, who are by far the largest bene-
fciaTics Of the system, have devoted themselves
with zeal and unanimity. Conventions have been
held. Statistics and general data showing the benc
fits resulting from many modern Inventions have
been collected from all parts of the land
bill. prepared by experienced lawyers,
who claim TO be the representatives. OF all
interests, inventors, manufacturers, railroads agri
cultuIists the public at largo and themselves, has
been presented 10 the committees of both Houses of
Congress and argued at great length before them,
The bill is substantially the lately reported 5y
Senator Wadlcigh from the Patents Committee, and
which is now pending in the Senate.
All doubts as TO the general benefits of the
patent system seem to have been successfully
met. Ii was apparently shown in the argu-
ments made before the committees that, not
withstanding the high prices AT which the
more valuable lqbOT-saVlng COntriyanCes are
held and the frauds sometimes pcrpetrated under
cover Of the patent laws, the American system has
been most potent stimulant National progress,and
that the United States to II small share OF
the prosperity which the Nation has enjoyed in the
past. Two brief petitions were, indeed, received
from the Changers OF Iowa, asking that the whole
system be swept away hut no one appeared IN adj
vocacy of them. They were unsupported by con-
vIncing arguments and they perhaps justly re-
ccivcd little consideration at the hands oi the COM
mittee.
FEATURES OF THE BILL.
The text of the bill in question has already been
published in The TRIBUNE. 1t contains no PROPOSE
tion looking to the abridgment Of the right of
a patentee TO the full and absolute control
of bis device for term OF seventeen years.
Two Of its principal features, that en-
bodying n statute of limitations which prohibits
the recovery OF damages except for infringements
made within four years previous to the beginning of
a suit and that requiring the payment of fee OF
$50 every five years during the life Of patent, are
identical with the recommendations made by the
Commissioner of Patents in his last annual report.
By the rulings of the courts the owner of patent
may, under the present laws hold his right IN abey
wee has been placed upon the market and a demand
created for it, lie may then lay claim to all the
profits which may have accrued to the defendant
since the issue of the patent. The provision
reouirng the payment of additional fees, failing in
which the patent expires, is aimed at the very com
mon practice of patentng devices which are worth
less in themselves, but the principles of which may
subsequently bc incorporated in something of real
value 1t is held that the fee of $50 will be only
trining tax to pay for the maintenance OF patent
of any value while il will be too much to pay for
right which brings it's owner no revenue.
Another principal feature of the bill is aimed at
fraudulent patents. Many patents, il is sad is
sued to persons who not the first inventors of
the devices claimed, and therefore have no legal
or equitable rights in the matter. The testimony.
however, necessary To show the illegal or fraudulent
character of these patents depends upon witnesses
of advanced years, and those who own the patents
are SIMPLY waiting for these witnesses TO die when
suit Will be begun, and the defendant will be
remediless. statute of limitations does noi reach
this difficulty and provision II made IN the bill ny
which testimony can be taken at any time and held
against subsequent prosecution. person interested
against any snch supposed fraudulent patcnt-right
NAV bring bill in equity to declare such right void
if proof is shown that the holder Of the right has full
knowledge of the infringement, and negects for an
unreasonable time, to bring suit for damages.
JOB OF THE RAILROAD COMPANIES.
There are indications that something of job
lies concealed under the placid wording of the
second section of the bill. One clause in it reads
" In taking an account Of profits in any case the
defendant shall not be charged with any saving he
may have made if he shall show that it has not
enabled him to realize actual profit in that part
of his business connected with the use of the in-
ventiOn." BY the almost unanimous ruling Of the
courts under the present laws a patentee may re-
cover as damages all the profits which have been
made by an infringer; or if the latter's business
has been conducted at loss, and it can be
shown that greater loss would have been the re-
suit but for the of the device involved then the
owner OF the patent is entitled TO whatever sum, III
the opinion of the Court, may have been saved to