National Republican. (Washington City (D.C.)) 1872-1888, 1884-03-25
THE PATENT LAWS.

IOtHG Edttor.
It is we'll to rovise tho patent laws; to i'm
prove some details; to lessen the costs, and to
avoid evils that have crept in
Congress recognizes this by score of bills
pending, two of which have passed tho house
and wait action in tho senate.
Most of these are directed to curing certain
abuses.
The two bills which have passed tho house
look to protecting "innoccnt users" from per-
secution by parties who travel the country
charging pay from farmers and others for
using variety OF things which have come
into common use as infringing some patent
or other. These bills. | believe, are honestly
intended and supposed to be wise
In house bill 1925 tho only purpose of the
first section is to cut Off the costs of suit,
where the recovery is not So in q suit on II
patent against one who has bought anything
for his own use only.
To avail ourselves Of this. small rs it is We
must confess judgment for $40. or less and
then plead and prove ten separate things,
while tho prosecutor has to prove nothing at
all. Even then VIC fail if we fail to prove
either Of these ten things, after confessing
to the infringement.
Tho purposes of tho second scct on arc
two-one apparent and good and one hidden
and evil-which l suppose congressman did
not see when it was pushed. The first is to
compel prosecutor to give bond and surety
for all costs of the suit, in case he fails
therein, so as to cut of suits brought to fnrGo
compromises on unjust claims. This is a good
purpose.
The second and hidden purpose ia to enable
railways and rich corporations to use val
liable patents with IMMUNITY. When the
inventor IS not rich and strong enough to get
security on his bond to pay all the costs"
their money and influence can roll up
against him in long suit to determine his
rights, which is certainly an iuiquity not
intended.
In house bill 1884, the purpose Of the first
section is to compel an infringcr to stop use
of an article when he has only bought il,
when notified that it is an infringement; and
to plead and then prove when sued, seven diff
ferent things to escape payment for his pre-
vious use.
1t is q question whether tho courts would
recognize such escape as just to the property
rights of an inventor secured By II patent
giving the exclusive right to the three sepa-
rate things of making, selling, and using his
invention.
The second section goes much further, if
the user did not buy the thing but had it
made. In such case it does not compel him
to stop its use, as if he had bought it. but
enables him to go on detiantly and compel
the inventor to go through long law suit
at great cost and then only get q pitiablo
license fec, too small to pay his costs. The
inventor can be compelled under this section
to go through this long course OF lawsuits on
each license fee he wishes to get, for under it
no one would buy thing made under
the ratUnt if he could get il made
himself, and tho poor inventor would
be without practical redress. Was this Sec
ton set up on the committee by the
lawyers of the Railway association? 1t will
enable the railways to make, for their own
use, all the valuable inventions which relate
to railways, and 20 steal more millions of
A special provision at the end cuts
of from this job tho AIillers' association and
the Boot and Shoe and Leather association,
which are understood to BIO trying to set up
like jobs, as well as all other concernswhich
make things to SELL which the railways do not
do, of course. and so escape.
If both sections of each bill were limited to
small cases, such Us usually affect farmers
say to suits of less than $10O-it would cut
Off these big jobs But it is question how
the courts would sec them. Whether con-
gress can take away the property invested in
inventions whore the property itself consists
in tho protection given by the courts to in
tangible franchises; and where such protec-
tion is implied to be guaranteed by the grant
of the patent and so long as the public get
the good intended by the contract for which
the patent is the reward offered.
There is q way to get the good objects of
these bills, and of several others pending,
without such constitutional questions. BY
coupling the use with tho making and with
the selling of an article and by making the
user the agent of the maker and of the seller,
where the article was bought without tho
question of infringement being known to the
buyer, and by enabling the user to have
Joined with himself as principal in suit
the maker or tho seller, against whom the
judgment shall lilo, if he is responsible. This
would give the user protection from
loss, as desired. 1t would give the inventor
protection by enabling him to catch the real
criminal through any uses he can find. And
,it would protect an innocent maker or seller
from wrongful injury to his trade by threats
to his customers from parties having unjust
claims by enabling him to defend in his own
right the use of articles made or sold by him.
This, it seems, would wisely and carefully
recognize and protect all honest interests,
and be one of the needed improvements in
tho untpnt laws. g 1 WATTADu