6453. PATENTS, Law of.—
I found it
more difficult than I had on first view imagined,
to draw the clause you wish to have introduced
in the inclosed bill. [381]
Will you make the first
trial against the patentee conclusive against all
others who might be interested to contest his
patent? If you do he will always have a
conclusive suit brought against himself at once.
Or will you give every one a right to bring
actions separately. If you do, besides running
him down with the expenses and vexations of
lawsuits, you will be sure to find some jury in
the long run, who from motives of partiality or
ignorance, will find a verdict against him,
though a hundred should have been before
found in his favor. I really believe that less
evil will follow from leaving him to bring suits
against those who invade his right.—
To Hugh Williamson.
Ford ed., v, 392.
(1791)
