New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1878-03-07
THE REVISION OF THE PATEsTLAWS
AN ANALYSIS OF The NEW BILL.


WASHINGTON March 6.-The Senate Committee
m Patents has made an analysis Of the provisions
of the general bill revise the patent laws OF the
United States reported by Mr.. Wadleigh. yesterday
and the widespread interest in this proposed legs
lstion makes few extracts from this analysis IN
portaut. Taking the bill up by sections the COM
mittee says
sycr1oy l. Limitations. The period fixed is forr
wears 70 apply to all at Law or in equity hereafter
commenced with prcviso allowing two years IN when
70 bring suits on existing OF action before the bar
apules 10 them II many suits are brOugnt 70 preserve
right, the Courts may proceedings in al! except
one.
SIC . Profits and damages. This preserves TIC e.
ist.ng rule Of damages. 1t changes the accounting ID
comfy from the present rule Of savings alone 10y pro
viding tia: the amounts allowed as profits shaA hO'
exceed the profits actually realized in that par o.
the defendants business connected With tie use o. the
invention The rule fox apportioDment OF the ae'uai
profit among different elements employed excluding
capital and personal services remains Unchanged.
The Court IA allowed discretion in all cases, both 10 In
crease and diminish the amount found whereas u now
allowed only increase, aud that merely n an action
AZ law Court Is also empowered 20 allow counsel
fees and expenses in OF yexsticus claims OF wiul
infringement.
SEC g. Appeals. This !. and gives TO the Circuit
Court the power allow appeal 20 determine the cap
ital questions Of validity or infringement before putting
tho parties the delay and expense q an accounting
yhich will become useless II tie decision below 5 re-
yer-ed.
SEC Appeals This also IS new. and enablss the
Circ1it Court subject 20 the direction OF the Supreme
Court 20 exercise control the parties By nunc-
ton pending appeal In the present state Of the 81
nreme Court docket not reached until tL-ee or
SIC ) R-is,ues This replaces Revised Statute al6
aud changes IN these respects, First II does not allow
evidence Of what the Invention except .eH a. hi
p pers fled IN the Office before the Original Iit u i
afford. whereas the present law ~ c-rian cses Low,
evidence aiiunde by eI parte Aiiliavsss- Srcnnd II
DOES allow the model 10 be Tesoef . ~ all Tor pF-
pose, Of reissue. This change ha- BEEN nir5iuerd Dy
the committee Ihd, IL c'rrc'y inasee " " OF! o.
the court to inquire IN suits on IeissUei P.lent
shown, contained or substantially indicated m nc 'fcl-
rstiOu drawings 81 the Original dppc suon or -
amendments, and winch the inventor would then hare
SIC 6. C;eg Provides that reissues shall not have
a retroactive effect.
src : Provides that IL patent be issued 70 two on
the invention Of QUE, or 10 one on the Invention o. to
this mistake may be corrected A. clerical error, oy the
cnn-rnt % al inventors and owners.
Sac. :. Taking testimony u peTpetuan TIE existing
Intended for questions Of title. Iela,ine to real
estate. and doe not meet tn exi-eocles o. patent
ntgtt.0n The scheme OF this section - that ANYBODY
may testimony upon leave Of court hrst Cbiaiacd
and notice % the opposing party N iaters that any
person, whether a rarity 10 that proceeding or
not may the evidence, but only as aSiinst those
"hO were parties To the o'lgina! proceeding ana
actually served with notice or those claiming Under
them: that when petitioner IN such proceeding per-
petIdtes testimony upon any partca!4T losac ~ OF
iebuttal avoidance and sny stranger ava i higs"i
OF one part Of this record NJ th.eby makes tie whole ~
COMPETENT against him i he had been parry 10 the
proCrel.uc This section = entirely nov ana mas been
Considerably amended ~ the Committee.
SEc new Allows suits be brought by special lease
Of Court repeal aud snnul patents which are void
eFc 10 (Eew) Supplies remedy foT cases whore n
person Injuries the business OF another b. advertising
that urnges patent aud yet REFUSES ~ oEng su!t
in which the validity II tie patent OF the question of
Sc H. Penodica. iee. This is new. and has been
already explained . 49,. . -
elusive rceu-es 20 De recorded in me sane manner ~
technical grants because practically the two ere
equiyAeEL II suoFteus tde r d-loNrd IDF IS'oI"-H5
esssnm nts RON three moHhs 20 one HY1th.
tne mail scrylcr since 1886 lu'-liy ms II
allow all agreements about patents u b. recorded and
makes certified copies from the records TO De ieSa!
SIC 49, The lar now s hat each joint owner Of a
patent may grant ic-e' without The consent OF tHf
o,her. T1e object ri 4i> lmen'ht i 10 Eve iA 81
feet an agreement between them a. 20 which shall
exrIcs. the power. II the agreement be In writing
ssuel By aii the parties AMI recorded.
year. imprisonment or $1,000 line. whO-oeyeT with !
intent 10 deiISGi SELF, a. gnnea1S rel y, pen, s,
SIC Il. This proyiso is new and provides that the
delay OF the Office after the patentee has completed all
tAlt he has 20 DO. shall not prejudice hi, ri1hts
those who patented inventions abroad has
been chau-ei several tlm-s. particularly by the act Of
M2rcS = l>pl IN manner men has eSU-tf consider
able confusion This section establishes h1t Is believed
20 be just and reasonab- rule Il retains fine provision
that loflSh pit"ht doe, hot prevent patent Mere 10
tue Inventor, but that he cannot come here 70 get
i. ~ LED
i"o yrarn Il adis lie" requirement thAt II ne makes
known Icy paieBng abroad he mast apply here within
p"F''ri ut u .ic lAtc"i !ttltel "'.o ~ hi~ !ilei
state patent must expire tne foreign PATENT
th- tuyen on feely lie !, allowed the whole seventeen
years mere Ihs dissemination ayaas our p1teuees Is
-. II. Applications. 10 chlnce as % orr'ra! aD-
pcaton-. Applications Tor reissue may be signed AID
the solcation for Tissue w~re rglire T. BE- swota
Ia fI 4 a hr
Ii III, ~ ro i,n,.,rt.rce lse,.- he 1c-,r - me
CofIiuisS bc based solely sworn state
To require his oath 10 the new appcarion Is 10 enable
him 10 ext0rt uoney from The person has already
bought ali paid him FOR the invention.
SIC 30 The law has always required the patcntee 70
mark the article the date OF toe patent. Abodt 800
patents week are now Issued, al b-aring the same /
date This amcndment requires him % add the number |
Of his patent in order that IL nay 10 Identified.
several sections, particularly section l. Qlmitaonsl
exstn, patents extent to xs,ns ishfs ~
action. After bearing elaborate arguments upon both |
SIDES Of the question. your committee are salts
protection OF the Constitution. ard cannot |
De taken away or impaired by any legislative action.
That ri.h Is under the terms Of the law ami under the
Consutuu"n probably must be exclusive. TAls de-
carcd by Ar Chicf Ju>tc" Marshall aud by the senate.
But while CONGRESS is bound 10 provide remedy eff
cient and adequete 10 cause tnat night TO he
respected and protected from invasion, 1t clearly |
has the rsht to select thr precise remedy |
right 10 some sufficient remedy because without il his
ilSht would be merely nominal ana lus0ry, and there
fore virtually be taken from him under the doctrines
laid dom M Bronson against Kinzie Il How, 3lll !
without due process Of law yet he mas no right 10 any
particular remedy. His rlsh is 10 such efficient remedy
a. exists at the tune OF iFi4 ana not necessarily 10 such
as existed at the time tin OF action Your
make some changes in the remedy Tor existing Of
action and that the changes made b. THIS bill leave
vertor the exclusive RICH, which the Constitution
templates that Congress shall secure to him.
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SUDDEN DEATH IN BROOKLYN.