Evening star. [volume] (Washington, D.C.) 1854-1972, 1882-06-14
Patent Legislation. l.
LETTER FOR SENATORS.

To the Editor of THE EVENING STAR:
You were kind enough recently to allow me
space to submit some objections to what Is known
as the "Granger bilr' to amend the patent law.
Permit me to pursue the subject a little further;
The bill (H. r. 6,O1S) which recently passed the
House and is now before the Senate, lin what is
mistakenly supposed by some to be the true in
terest OF western farmers, provides for the use, by
the purchasers, Of iacelti0nS purchased in open
market, trititoW liability for infringement Of pat
eHts.
The object OF this bill Is good one but the bill
itself is not well calculated to relieve farmers
from threats OF suits and claims for damages for
inrngeent IN, by @ itinerant persons known as pat
because it aims serious blow at the foundation of
the patent system.
The great object Of the patent system as founded
In the constitution is Ito promote the progress OF
science and the useful arts" The means by Which
this object is authorized to be accomplished is
10y securing for limited times to authors and in
ventocs the exclusive right to their respective
writings and discoveries" BY this means it is
assumed and found to be true
i. That the making OF inventions Is encouraged; !;
and
p That their introduction into general use is Sc
cured through the incentive OF temporary profit
which patenteeS have to spread their inventions
among the people.
II is matter OF common observation that with
out some special inducenent. like patent Sys-
TEN. to advance by changes In Industrial products
and practices people are not likely to advance, or
Will only advance very slowly. Therefore, We
temporarily make people pay inventors for new Gre
atoms, II they want TO thcm for the sake OF Sc
curing the development and use OF all possible new
and diversified inventions and improvements by
which the products OF labor are increased and the
appliances OF comfortable living are multiplied
and cheapened. Thus progress in the useful arts
in an effective way for the whole people is Sc
cured by the direct agency Of the general govern
The House bill seems to be radically inconsistent
with this, and the main objections to it are briefly
as follows:
l., The bill is probably unconstitutional and
could not be enforced; because it so far de.
stroys the remedy OF patentees as to vitality i'm
pair their rights of property. This is the
opinion OF the best lawyers who are familiar with
the bill. III this opinion Is correct then the meas
ure would prove void and of no effect. Therefore
some other remedy should be carefully sought for
the annoyance complained OF by farmers; and in
ventors are interested in having that difficulty
remeded, because 1t preJudlces the patent system.
2 Even IL the bill could be sustained as to pat
ents to be granted after its passage (Which is not
probable) 1t certainly could not be as to subsstng
patents; because they are property vested in the
owners, and it is beyond the power Of the legisla-
ture TO diyest vested rights, either by deprving
owners OF existing remedies necessary for their
protection or otherwise except In certain cases
different from such as would arise in suits between
citizens for infringement. All patents granted
since the mi1de OF 1865 subSisting, and it
VIII DE IL years before they will all expire They
number over 100000. The House bill cannot possi-
bly, reach any or them, and 50 is at best q very
tardy and inefectual remedy.
| 3 The bill Is very inexpedient measure be-
cause II invites foreign piracy and manufacture Of
al patented a Inventions, which may afterwards be
vcntOrs could find it out, and 1T discOurages and
| crppes all American inventions and manufac-
lures; and IL 1T could be enforced would thus do
1ncalcuiably more mischief 10 American Industrial
| interests than the harm now suffered by farmers
| amounts to.
4. The bill IS bad in principle and cannot but be
unjust in effect IL enfOrcihle; because 1t proposes
to take the property OF inventors for the benefit OF
| promiscuous users OF all classes, who may pur-
chase In open market, without the consent OF the
! inventors, and without compensation to them. It
| Oilers direct premium for all sorts of fraud
| against inventors and manufacturers under pat
eEtS Owing TO the peculiar nature of patent prop
| erty. II cannot be watched or placed under lock
! and key. II must depend upon the law alone for
| its protection. 1t may be taken freely anywhere
| in the land, and may be sold in open market by
irresponsible and rascaly parties long before the
inventor or owner can find Il out and then this bill
feaveS no remedy. 1t therefore invites and assists
| what every farmer who happens to be an inventor
would say Is nothing but wholesale robbery It is
as II law should be enacted for the whole United
| states that whoever should purchase horse, cow,
or other domestic animal, In open market, for his
| own use, should not ee accountable to the owner,
| whether the animal had been borrowed or stolen
| before IL was purchased or not. 1t is worse than
| such law would be, because domestic animals
can be personally protected without law, In great
| measure, while property in Inventions, which Is
1 not less important and extensive, cannot be, but
| must be trusted to the power and justice OF the
\ law alone
5. There is perfectly constitutional and effect
ual remedy for the annoyances suffered Dy farmers
| manner to prevent. That remedy has been well
| embodied in one form by the Senate patent COM
,ttce Is B. 123S) earnestly and wisely laborin4 In
the interests or justice and public good, as well as
| specially in the interest OF farmers
Very respectfully, MARCUS s. HOPKINS.