The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-01-23
PATENT LAWS.
MEASURES BEFORE CONGRESS- TO PROTECT IN
MENTORS -INcREAsED FEEs-spEcULAToRs IN
LAWSUITS TO BE SHUT OUT INFRINGEMENT

LAWSUITS TO BE SHUT OUT NFRINoEM EMIT
CASES.
To rHR EDITOR OF THE HERALp:-
The men who framed the constitution OF the United
states, among whom was no less an inventor than
franklin, expressed their opinion OF the importance
OF progress in the aud Of tho means to produce 1t
by inserting provision that Congress should have
power 40 promote the progress OF science and the
useful arts by securing for limited times. 10 authors
and inventors the exclusive right to their respective
writings and discoveries" The lrst Patent law was
passed In April 1890; this superseded by the law
of 1893 which stood without changes Of very general
character tall 1886 In the mrs. year u79l ,Erce pat.
ents were Issued Last year nearly fifteen thousand
were granted. IL Is well to see what the laws are
which have helped to bring IRON 1870 TO the Con-
tenn.ai exhibit, and which have cultivated IN our
country quickness 10 invent ana an aptness to
which, at Philadelphia. excited more admiration from
intelligent foreign manufacturers than our machines
themselves, and Justly. Germany ara Switzerland
have been Tree 10 borrow inventions and use
without cost; but the one has introduced and tho
other Is about to introduce patent system, because
they believe that nothing else will educate their poo
pie up TO the point whore they successfully
pete with US. We can nov make aud do make
Inventions faster than they learn to use them
ExrESr OF PATENTS
and the plan OF tho OF year has never been
improved oy any patent granting country. Tho great
feature then introduced was tho establishment OF tho
Patent ONCE, with preliminary examinations ascer
tain the novelty of the inventions before or nting
patent Imperfect as sucn ex partc examinations
must be they arc great weedsrs out of ilconsdered
tribes, and Great Britain is now adopting our plan.
Both in England aud here the novelty OF tho inven-
ton aud the validity OF the pateut stan be
In the courts in suits between parties Since 1886
change Of general Importance has been made except
by tho act OF 1861. Patents formerly granted for
fourteen years. with the right the part OF the Com
missioner to extend them Tor seven years more II,
without fault on the part oil the inventor, he had
Jailed TO receive adequate reward pared with
the value OF his invention the public. Since 1861
patents are granted Tor seventeen years and
oi the Commissioners Is takou away Quo Of tho
est patented Inventions OF the 1rst period Whit
ney's cotton GIN, while tho modern plough, the reap
ers and the modern locomotive OF the second PERIOD
have done for the gram fields OF the est what the
cotton GIN did Tor tho lands OF tho South. Among
other well Known patented Inventions Of The second
period ale tho inflammation oil indiarubUer, ether,
the telegraph and tho telephone. the sewing machine
boot and shoe machinery and the sleeping car.
AMENDING LAWS
Within the last Two years than thirty bills TO
amend the Patent law have been introduced into Con-
gross. Prominent amon. them was u bill which passed
the House last January ostensbly as granger meas
urc But when It lrst heard oil by the public and
came before tho Senate Committee on Patents o few
minutes discussion developed tho aot that It's pro-
moers were an association Of railroads. formed TO
sst patent suits and taking this their end
Their bill Is not likely to DC heard OF again. But the
discussion over IT led to OF tho Senate that its
committee might Sit during tho GUNNER 10 amend the
law. Al the suggestion OF that committee some Of
the gentlemen present roprescn ted the hearing
undertook the work vi preparation. After dis.
cusson enume nts were drawn, printed and circu-
lated among the most eminent patent lawyers OF tho
country. Gentlemen praotsing before the Patent
ONCE were invited 10 CONSIDER those parts OF the
steps taken were communicated TO the Commi
SkNATE BILL 80 500.
meeting oil lawyers representing different IN
tcrcss-patent nvep tors miilers and railroads.
was held at Chicago III September, aid seven long
days vi oarnes and candid study aud discussion
gwen to the bill Meetings were held In Boston aud ia
Washington aud the result was Senate bill No. 800 A
hearing boore the Senate Committee on Patents
Senators Booth, Wadiexn. Herman, Morgan, Chafee,
ana Later Senator Hour IN place OF senator Chaeej
began November 10 and lasted six days. The com.
mltee considered tho SUBJECT important ana the
discussion instructive that they tho argu.
ments 10 be- pratcd, and It is from those argument
that this article is taken Whilc there difference
of opinion rs 10 details and some amendments were
suggested and adopted BY general consent, the whole
tone of tho discussion was OF general approval; ana
inns appTOVal Cduc from SO many uuercLt quarters
aud from the representatives. OF 80 many
interests ana was supported by the acquicscenco
oi SO many 10 wnon the bill had been
submitted, US 70 relieve 1t IRON any aus.
picion OF being scheme OF special legislation
The printed report closes with letter OF the Sccre-
tary OF the Interior transmitting careful and IN
slructve commune IRON tue Commissioner of
Patents suggesting alterations OF detail some mat.
ters relating to tho administration OF tho Office, but
warmly approving the other provisions OF the BILL
Tho bill ID stl IN The hands OF tue committee; but II
Is not TOO much to suppose that IL Will DO reported
without very radical Cnanges and sketch vi It's ca-
turos may not be unnioresting.
EXAMINATION PATENTS.
The Patent law causes Inventions 10 pass through
two stages Tho onlce examines the description
brought 10 u by the Inventor TO ascertain what IL
ana whether his specifications drawings and claims
as iul, clear, precise ana definite the law re-
qures theroupon IL Issues the palcn. as asked for
OF refuses 1t. or requires the invauior almond HIS
papers. This requires 10 tho Office legal atlainments
aud perfect knowledge OF the state Of that art 10
which the invention belongs and the questions 1t has
TO pass upon are The satno that judges aided
decide when the patent gets into court
IL Is nccdIoss 10 say that $1,000 year and
all tho virtues; stl by the system OF subdivision ana
ciasstica adopted better work Is tho Office
than DC done Tor three times the money by
neys outside These proceedings are regulated by
statute aId thoso provisions amended by pres
cnt bill It's enough to say that those changes arc
not OF general interest aDd are approved by the
MISSION
NPKINGEMENTs AND LEGAL REMEDIES.
BY the terms OF ms patent the paenteo has for
usc the thing patented The next stop tor the law
prevent the INVASION OF that ri.t II possible to
give an ample pecuniary remedy for iniringcmeuis.
The right Is short lived, and litigation winch eats
away nall It's lilo Is not uncommon. IL cannot he
protected by the ordinary methodist noiIher my strong
~ IA nor the policeman caa guard against deliberate
INJURY Tor wlfui appropriation or intentional tres
pass Inc criminal law has no punishment cannot
watch IT, for IT can pc inirnged Ia every village the
country; may never hear OF the infringement TN
IND that tho market Is flooded with my patented
article or the product OF my patented machine the
business which l have created at great expense 10
ruined Tho law must therefore give mo evil
remedy which shall make II impossible Tor tho Ia.
ringer to reap any profit II he bc discovered, AMI ;hus
take away tho temptation to Infringement
The earlier laws gave damages IA an action OF
pass on the case, with sometimes the duty and some
times the right ON tho part o Tue Court to increase
them up to thrceiold; bat the actual injury and Tho
pront 10 the inirngcr often greatly exceeded tho
direct ana proxmate damages, which were all tho
common law could give. 80 lawyers, following the
principle applicable to other actions, concluded that
they could wave the and hold the infringcr as "a
trustee oil tho prOnts no had made. Tho courts ap-
proved the doctrine aud Congress recognized II by
xlnp IA ff,ifnI Ennrf Hon