Year: 1874

Patent Rights.


Mr.. Brown Of Scott county, introduced
in the House Of Representatives a joint res
olution. asking Congress to repeal the pres
cnt patent right laws, and abandon the
system Of allowing inventors patent rights,
for the exclusive manufacture Of their in
vcntions, but in the place thereof, to pay
every inventor "a Just and reasonable COM
pcnsa,ion' for his implement or device,
and thereupon allow every one who chooses
to do so, to manufacture and sell the same.
without paying anything for the right.


This measure has some merits. and some
dement's, and we will point out a few of
them without at this time advocating or op-
posing the resolution, because any measure
seeking to make such radical change in
long established laws should be most thor
oughly and maturely considered before it
is acted upon.


In the first place it is an admitted fact
that the people of this country have not
only been humbugged, but they have been
robbed Of enormous sums under the opera
ion of the present patent right laws, and
that change of some kind is absolutely de-
manded


We have seen that under the present sys-
tenn it frequently happens that when the
inventor has spent many long weary years
Of toil-sometimcs almost a life time-in
perfecting great invention, and ST pent every
dollar he has in the world, am allAe could
beg and borrow from friends and relatives, 5,
and when he is at last ready to manufacture
he is utterly unable to do so for wsnt Of
funds, and it he would any benefit
whatever from his long and arduous labors
he must throw himself and his invention
upon the tender mercies of wealthy manu-
facturers. They dictate to him the terms
upon which they will put his machine or
device into the market. Very often these
terms include the assignment Of the patent
right to the manufacturer. Thus it happens



inventor is dragging out life Of abject pow.
erty and obscurity, or perhaps dying in a
Poor House, the manufacturers who have
made their tens of thousands out of his in.
vention 60 to Congress and by placing a
small per centage Of their gains where il
will do the most good, get the patent right
extended, and then 60 on robbing the people
after they have robbed the poor inventor.
Mr.. Browns resolution would save such
men as these from becoming the prey Of
wealthy and rapacious manufacturers. II
would give him ''a just and reasonable
compensation" in cash for his invention as
soon as it was perfected, or at least it would
seek to do this.


But there are serious difficulties to be
overcome in making such a law effective
and successful in attaining the objects
sought. How is Congress to know or as
certain what is a ''just and reasonable
compensation for the invention. 1t seems
to us impossible for Congress to learn what
it's value is until it has been worked and
tested. More than this, it very rarely oc'
ours that an invention is worth muc4wheu
first manufactured. No matter hoY great,
or ingenious the principle may be; it re-
quires time and experience to mike it thor
oughly efficient and useful, afterft is put
into working order. 1t will requir4a a little
change here, and alittle improvement there
to bring it to perfection. The inventor
should not only be paid for the value of bie
invention at the time he first gets it intt
practical form, but he should also receive 8
just compensation for it when perfected BY
time and experience, and this is very
difficult matter to arrive at


There will also be the objection to this
plan that it will enable men by means o.
favoritism, or influential friends, or some
thing worse, to get pay for inventions thai
are really of no vslue whatever. Many
inventions that upon first sight seem to b
very useful and beneficial, upon trial prove
to be utterly worthless, while others thai
seem to be visionary and impractioabl<
turn out to be Of incalculable value. Yet
every man who produces IN invention viii
use every effort to get pay for it whether il
be Of any value or not.


Moreover, We must do nothing to cheol