The true northerner. [volume] (Paw Paw, Mich.) 1855-1920, 1884-11-27

The question OF amending the pat
ent laws of the country, SO as to give
protection to the innocent purchaser
and user of articles, claimed to be pat
cnted, has been so often considered by
this body, that it would seem unnec-
essary to refer to it again, were it not
that the House of Representatives at
the recent session of congress, passed
hill, of which the committee on
patents said:
Much complaint has grown up i'll
the country from the practice of per-
sons owning patents, or pretending
to own them, allowing the use OF an
article sometimes for years, and then
sending an agent around and demand
ing damages from the holders of the
article. Great annoyance has been
the result. The committee have
drawn the substitute SO as to protect
the innocent purchaser of patented
article, purchased in good faith in
the open market, from such annoy
ance. The manufactures and seller
of patented implement is the party
that ought to be held liable and not
the user of the article, who. bought
and used it innocently, or in other
words who did not know he was in
ringing a patent"
The body of the bill seems fair III
its main features, but a proviso to
the first section, not only destroys
every provision of the bill for ac-
comprising the object sought, but
would make the law ten times more
injurious 20 the ''innocent user of
patented articles" than it now is.
The following is the proviso:
provided, that any such user shall
be liable for damages and profits for
infringement of such patent from, and
after the time he shall have received
notice that the article was subject to
such patent if he continue to use the
same"
10 will be seen at a glance that it
is only necessary for the claimer of a
patent, to serve ''notice" upon the
''user" or the article TO make him an
''iufringer" and ''liable for damages
and profits" from and after that time,
''if he continue to use the same"
SO the harvester may be stopped
IN Che field, the pillow in the furrow,
and the thresher at the stacks; and
hundred of dollars of investment rem
dcred valueless, on account of the
claim that some part of the machine
or implement, however insignificant
1t may be, is an Infringement upon
some patent, of which the ''user" had
no knowledge when he purchased it.
HIS onl y remedy is to pay the extor-
ton, or let the machine or implement
remain idle, or be subjected to a
suit III the United States court with
az almost certainty that judgment
will be obtained against him.
This bill, it is understood, is now
III the hands of the senate committee
or patents, and should be So amended
a. to conform to the opinion of the
house committee SO clearly expressed
III their report: that ''the manufacturer
and seller of a patented implement,
Is the party that ought to be held
liable, and not the user of the article,
who bought and used it innocently,
~ III other words who did not know
he was infringing 4 patents" and
when SO amended, passed by the SEN
ate, and returned to the house for
It's concurrence.
let such action be taken as may
be deemed necessary TO call the at
tention of the senate to this import
ant question. --Entrdct from tie an
R0G[ address Of Hon J H. Wood
aaon, Master Of NotioHd Groage.