e clause of the act can not be made available
without withholding my approval from the entire act, which is otherwise
unobjectionable.
U.S. GRANT.
EXECUTIVE MANSION, _February 28, 1877_.
_To the Senate of the United States_:
I have the honor to return herewith without my approval Senate bill
No. 691, entitled "An act for the relief of Edward A. Leland." The
reasons for withholding my approval may be found in the accompanying
communication received from the Secretary of the Interior.
U.S. GRANT.
DEPARTMENT OF THE INTERIOR, _Washington, February 27, 1877_.
The PRESIDENT.
SIR: I have the honor to return herewith the bill (S. 691) entitled
"An act for the relief of Edward A. Leland," accompanied by a copy of
a letter from the Commissioner of Patents suggesting an objection to
the bill in its present form, and to recommend that it be returned
to Congress for amendment in accordance with the suggestions of the
Commissioner.
I have the honor to be, very respectfully,
Z. CHANDLER, _Secretary_.
DEPARTMENT OF THE INTERIOR,
UNITED STATES PATENT OFFICE,
_Washington, D.C., February 27, 1877_.
Hon. Z. CHANDLER,
_Secretary of the Interior_.
SIR: In the matter of the enrolled bill (S. 691) extending letters
patent of Edward A. Leland, I have the honor to report that said letters
patent were granted for an improved paint can August 14, 1860, for the
term of fourteen years; that they consequently expired on the 14th day
of August, 1874, whereupon the invention became the property of the
public.
The present act proposes to extend the term of the patent seven years
from said 14th day of August, 1874, and give to it the same effect in
law as if it had been originally granted for the term of twenty-one
years.
It will be seen, therefore, that those who have innocently used and
purchased the invention since the expiration of the letters patent on
the 14th of August, 1874, under the impression that the invention was
the property of the public, will, by the retroactive terms of the bill,
be liable for damages for such use upon suits for infringement.
This hardship is generally, if not always, provided against by a proviso
to such bills, setting forth in terms "that no person shall be held
liable for the infringement of said patent, if extended, for making use
of said invention since the expiration of the original term of said
patent and prior to the date of its extension."
Unless such a pr
|