No. 199.] , 373 



All these countries provlilc for repealing Invalul patents ; ami nearly 

 all of Ihem disallow pal<?nts for any invention which has been in any 

 manner published in a foreign country, — thus rcnilctittg it of great im- 

 portance to inventors who intend to apply for a foreign patent, to be 

 very cautious to not have their inventions fust published iu their own 

 country. 



It will be observed from this brief notice of their reyipcclive codes, 

 that many of the countries of Europe grant patents for mere impor- 

 tations, that is, for anything new in the kingdom, without reference 

 to the rights of the inventor. 



Their principal object being the introdaclicn of improvements and 

 new manufactures into their own dominions, they stek, not so much 

 justice to the author of the improvement, as wealth and prosperity to 

 the country. They seem content to secure the benefit of the new 

 article, by offering a premium for its introduction, however unjustly 

 it may have been taken from its originator : and what protection the 

 inventor receives, is barely incidental. The operation of such systems 

 is not to reward merit, but to oppress it j they hold out an inducement 

 to those with no merit of invention, to steal the rights of others. 



To thus commission agents to prowl about the shops of other coun- 

 tries, and clandestinely seize new inventions as soon as produced, is 

 nothing less than national robbery, and ought to be regarded as a dis- 

 grace to any civilized country. 



Such is not the character of our system, and while our federal con- 

 stitution stands in its present form, never can be. The framers of 

 that admirable instrument were incapable of a recognition of a principle 

 so illiberal and unjust. The noblp provision it contains,and onwhich 

 our patent laws are based, is in the following words: 



*'• Congress shall have power to promote the progress of science and 

 useful arts by securing for limited times, to authors and inventors, the 

 exclusive right to their respective writings and discoveries." 



