Proposition of a New Patent Law.
The following remarks and proposition, which we copy from the 'Farmer and Mechanic,' was written by a prominent member of the National Association of Inventors, and expresses the sentiments of a large majority of the members of that Association. No person who carefully examines the subject, can fail of seeing that the cause of justice and equity, as well as the advance of improvement, would be promoted by the substitution of the principles therein expressed, in place of some of those embraced in the existing patent laws of the United States.
"We advance the principle, which may be novel to some, that if the inventor apply genius, time, toil, and capital, to produce anything he may consider valuable, he has the same right to the exclusive use and enjoyment of it as the man who may apply time, and toil, and capital, without genius. That the application of genius does not divest him of any right enjoyed by all others in society.
It is true, the creations of genius are sometimes intangible, but that is no objection; all rights are abstractions, until embodied in constitutions and laws, and rendered practical by penalties.
If an inventor can define the limits of his claim, he is entitled to protection in it just the same as when a deed is put on record, limiting the boundaries of a lot of ground. All rights to real property are traced back to original discovery and occupancy, and now all the inventor desires, or nearly all, in any patent law, is a simple registry, just as we find in our Halls of Record. The Commissioner of Patents should be called the Register of Patents. Indeed, grants of land, as they are termed, have frequently been registered by the name of patents, in our Halls of Records, so strong is the analogy, if not perfect similarity.
Then what should be the Patent Law? We answer, by sections, at once. The first should be declaratory of the rights of inventors, as follows:
Sec. 1. The application of capital, time, skill and ingenuity, to the production of new and useful discoveries, shall be protected under the 5th article of the Amendments to the Constitution, which forbids private use without the consent of the owner, and for public use without just compensation.
Sec. 2. Should any invention or discovery be deemed of great importance to the general prosperity, its value shall he appraised on the requisition of the Secretary of State, which value, which ascertained, as hereinafter provided, shall be paid to the inventor from the Treasury of the United States, and, until this payment shall take place, the discovery of any inventor duly qualified to take out a patent, shall remain his property, and inalienable without his consent or the consent of his legal representatives.
Sec. 3. Any inventor or discoverer who may desire a patent for any discovery of his own, shall make oath or solemnly affirm thereto, and any specification, drawing or model, he may see fit to deposit with the Register of Patents, shall be received by him and recorded, as a matter of evidence of original right.