IN SUPPORT OF, AND SUGGESTING AMENDMENTS TO, THE BILLS
(S. No. 300 AND H. R. 1612) TO AMEND THE STATUTES IN
RELATION TO PATENTS, AND FOR OTHER PURPOSES.

APRIL 3, 1878.-Ordered to be printed.

WASHINGTON:

GOVERNMENT PRINTING OFFICE.
1878.

CONTENTS OF ARGUMENTS BEFORE SENATE COMMITTEE.

[See index at end of volume.]

BILL.

Parties present at the hearing

Memorandum of the principal changes introduced by the bill

Mr. CHAUNCEY SMITH..

Origin of the bill and its preparation.

History, purpose, and importance of the patent system

Various illustrations of its value..

Direct influence of the law

Sect. I. Limitations .

Sect. 2. Damages and profits.

The present rule of damages..

No hardship under it and no change introduced by this section.

The present rule of profits, its operation and its hardship

It is intended to cover profit defendant did make, not what he might have

made

Page.

1

. 13, 52, 55, 157, 175, 209

13

17

17,25

19

21

23

25-28

14

40

41

.41, 48, 49

42

Proportion of public gain actually received by patent-owners.

Discretionary power in the court to increase or diminish.

Value of the patent, and not cost to inventor, is the true measure..

Meaning of the damage clause of this section, and reasons for it, and opera-
tion of it

Profits. (Mr. Senator MORGAN'S suggestion and discussion of it).

Sect. 3. Appeals. Reason for this section..

Effect of this section is to abolish recovery of profits altogether....

This section improperly destroys vested rights of action; this is unconstitu-

tional

.30-43,87

44

Cotton-worm case.

47

The rule of profits and grounds of it

Inventions and improvements on them. No one called upon to pay two

royalties for one invention....

LETTER OF MR. J. H. B. LATROBE. All the sections

142, 144

143

52

LETTER OF MR. MAYNADIER. Limitations; damages and profits; periodical fee.

Mr. COMMISSIONER SPEAR. General approval.

53

See his communication in Ap-

pendix, p. 197.

55

Mr. T. L. LIVERMORE:

Sect. 2. Damages and profits. Criticism on excluding profits in any case;

amendment suggested

55-57

Sect. 5. Reissues. Objects to amending by anything outside of original pat-

ent; reasons for this..

Sect. 19. Patents for inventions previously patented abroad on behalf of the same

inventor

Sect. 21. Applications by assignees for patents and reissues

(Mr. KNIGHT. Change in this report in the codification of 1870 was acci-

dental)

Sect. 5. Reissues. Models should not be used.

60