Year: 1879

quarters. Some modification Of the law is
conicssedly demanded by q suffering peo-
pie, and if it be much longer delayed the
indignation of the voters threatens to de-
stroy the entire patent system.


The purport of this bill is to give to
patentces a just and reasonable rcmuncra-
tion for their inventions, to bring them
within the same rules of Limitation of ac-
tion as apply to other property and other
rights of action, and to protect from oxtor-
tion the great mass of the people who are
compelled to use patented articles, but can
not possibly know, when they buy them,
whether the patents themselves are valid
or m Infringement on some other.


The bill further proposes TO do away with
the existing difference in the amount of re-
covery and measure of damages, depending
upon the fact of suit brought on the law
side or equity side of the court Many
other minor things are included in this
great remedial measure, four sections of the
bill being directly framed in the interests of
inventors, and relieving them from the ap-
plioation Of some general principles of the
law not appropriate to this peculiar prop
erty, and rendering their title and the
means of asserting their title more secure ;
but the two above indicated are the under
lying principles of the bill, and the things
which chiefly concern the public at large,
and they are so plain and so just that no
man can successfully impeaeh them.


Exclusive rights in anything can only be
justified rs they are demanded for the pub
lie good.


The contract between the patentee and
the United States Is that the invention pat
ented, being for the public good, shall be
given for public use, and if so given, then
the inventor shall be secured in the enjoy
ment of his invention; but the measure oi
recovery for infringement shall be and ought
to be fixed by law, and, when fixed, its
amount to be determined on the same doc
trine as every other invasion Of right, by
reasonable damages.


Members of the House of Representatives
ought to know that the people of this coun'
try, the men who use in their daily life and
business the innumerablo multitude of pat
ented Inventions are watching anXiously
for some relief from these burdens, and viii
scrutinize very closely the votes of thcil
Representatives in Congress.


No better gift can be made to them than
the fair and moderate provisions of this bill
which does fair justice to all parties con.
cerned which save TO the inventor al
honest and full remuneration for his time
and brains, and Furnishes by triple damages
if required, the piratical infringements Of {
rival manufacturer, while it leaves the in.
nOcent infringer who buys for his own use
on his farm or in his workshop to pay
what judge or jury may find from the
evidence is the actual value of the use.


The bill is right in every sense, is de.
manded by an enlightened public sentiment
and is only opposed by those who seek, un
der cover of a patent, to load the industry
of the country with insufferable burdens ol
extortion for personal ends, and against the
general good.


There is no special divinity in patent
property that should make it sacrilege t
trespass by accident or inadvertence on it
boundaries. Trespass or intrusion upon any
form of property except this is now mulctet
only by reasonable damages, according t.
the value of the thing trespassed upon
This bill brings this special property in pat
ented things down to the same equitabl,
rule as all other species of property ant
that is all there is of novelty in it. w,
trust and believe that on the first opportu
nifty the House will do their part and thi
bill become n law.