Evening star. [volume] (Washington, D.C.) 1854-1972, 1882-05-27
Dangerous Patent Liquidation.

WASHINGTON, d. c., May %, 1882.
To the Editor Of The EVENING STAR
There Is pending before the Senate most in
iquitous bill that was recently rushed through
the House. against which an enlightened public
interest ought to be energetically awakened
The bill aims destructive blow at our patent
system, and Is certain to cripple if not substan-
TALLY ruin it, should it become a law and be
held to be constitutional. The bill provides
"That no action for damages or proceeding In
equity snail be sustained, nor shall the party be
held liable under sections 1919 or 4s21 OF the Re-
vise Statutes OF the United States for the use OF
any patented article or device, when it shall APP
pear on the trial that the defendant in such action
or proceeding purchased said article for q valuable
consideration in the open market"
Permit me to premise little In order that the
evil Of this apparently harmless and gracious meas
ure may be fully understood.
1t vas the idea Of the trainers OF the constitu-
t0n~-and experience under our government seems
TO have demonstrated its soundnesS-that it was
good policy to encourage the progress OF science
the general government itself, by securing to au-
tnors and inventors, for limited times, the excu-
siye light TO their respective writings and discov-
cries" 1t was assumed, and 1t has proved, that
thereby useful inventions would be stimulated and
would increase, and that they would also, under
sve right become generally disseminated and
adopted by our population, which would result in
substantial practical Advancement in civilization
and tile Industrial arts by the whole people. The
purpose was not primarily to grant privileges to
inventors as o class, and thus favor them but the
by securing progress in an effective way in science
wise and beneficial, therefore, that temporary ex-
elusive rights might be vested and securely pro-
tected in certain individuals who had the genius to
create new and useful things for the good OF the
ing the public Of newly created things WHICH cf it
had bsfore got along without, 1t was thought best
should be put up with by the people at large for a
in order that their progress might by such
courss be assured, and our country's civilization
all our Industries fully warrants and confirms the
founded in our Constitution, and practically car
We stand foremost among the peoples OF the
earth now, not only in the securities Of our
also in the progress we have made from small
.,1 The pending blu Of the House Of Representa-
reason that. should it become law, the incentive
Of law and policy now established to encourage
SUBSTANTIALLY deser o Enaer speS i nGs
all Inventions OF articles and devices,
capable ca able, OF sale In open market, could
patents, and manufactured in Canada or else
where and then imported into the United States
and sold IN defiance Of the rights of inventors and
patenteeS. In all such cases patenteeS could not
proceed against the manufacturers for want OF
territorial Jurisdiction; and they could not pro-
law should be held constitutionaD because the
law cuts OF their remedy. II enacted into law
this Dill may make the grant OF patents for nearly
all new and useful inventions vain thing, and
substantially subvert the whole constitutional
scheme for the industrial progress OF the Ameri-
can people.
have never met with a more fmpolitic, short
sighted, and tniquitous piece OF legislation. The
Dill, from It's nature and consequences ought to
be entitled IAN act to discourage American in
rentton, ana to encourage foreign piracy ana
Manufacture OF american Inventions ALREADY
made ana patented" 1t Is simply ssrun-mad'
legislation against very great American inter-
est, reaching and 1nJurng not merely parties In
Cerested IN patents but the main system and in
people of the United States In the useful arts and
IN the actual industries by which they live
Such law would set back our civilization al
most as much as the re-enactment Of the laws eS-
tabllShing and sustaining African slavery. Its
practical iniquity would begin from the moment
OF It's enactment, and put our industrial progress
comparatively at Stand-StilL do not believe
progress could be absolutely stopped by any stat
ute but 1t can be greatly obstructed by such
hurtu bill as this, or 1t can be greatly encouraged
and advanced by such a sound and enlightened
patent system as was authorized in our COnstitu-
tion, and as has been wisely established and main
Calnec 0y Congress up to the present period. No
Dill that has ever passed either house or Congress
has, Ia my opinion, approached the irrational de-
structiyeneSs OF this One 1t is a wholly unneceS-
SaIy measure, because purchasers and users OF
patented articles can be fully protected without
striking at the vtals OF the entire patent system
as this bill does. There is a thoroughly effective
ON Ye now Peaaing [9r That purRs