The American Law Journal, volume 4

Cover The American Law Journal, volume 4
The American Law Journal, volume 4
John Elihu Hall
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Tr.e act of the 22d April, 1800, (Laws United States, vol. 5th, 88) extends the benefit of the for- mer law to aliens of two years' residence, on their making oath that such invention, art or discovery, hath not to their belief been * The Met hCTv intimated byiMthetieally, wm not neoenairto tbe Hffvroeiit, Mid on taorp refleetioa, I thiok that eren thu intiniation may lead to error. I wtsh, then, not to be under?
stood as saying that a state grant can, In any case, or before any tribunal, be qu
...estioned and emtraled tj m patent right, Digitized by VjOOQIC 196 nown or used either in this or any foreign country. There can- not then be any aid or enconragement by means of an excloriTe right under the law of the United States to the importer from abroad of any useful invention or improvement. Such persons must resort to the patronage of the state governments, where the power to reward their expensive and hasardous exertions was originally vested and in whom it remains still. The grant of 1798 was made to chancellor Livingston as *' the possessor of a mode of applying jthe steam-engine to propel a boat on new and advantageous principles." This power to encourage the impoi^ tations of improvements by the grant of an exclusive enjoyment for a limited period, is extremely useful, and ,the English nation have long perceived and felt its beneficial effects.

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