by John Marshall Harlan

“ We do not see how any language could have been employed that would more clearly express the legislative design that the life of the domestic patent should expire with the term of any outstanding foreign patent. But the counsel for the complainant contended on the argument that the present case did not fall within the limitation of the statute, because the application for the United States patent was filed antecedent to the application for or the grant of the Canadian patent. We are at a loss to understand what the time of filing the application for the patent has to do with the matter. ”

“ It is not only the safer course to adhere o the words of a statute, construed in their ordinary import, instead of entering into any inquiry as to the supposed intention of congress, but it is the imperative duty of the court to do so. Where the meaning of the Revised Statutes is plain, the court cannot look to the sources of the revision to ascertain whether errors have or have not been committed by the revisers. ”

“ The question before us as to the validity of a patent by reason of pre-existing acts or omissions of the inventor, of the character of those involved in the present case, is not a question of executive administration, but is properly a judicial question. ”

“ But the American patent will be granted on the condition that if you obtain the foreign patent first, your invention shall be free to the American people whenever, by reason of the expiration of the foreign patent, it becomes free to people abroad ”

“ If there is not, the duty of the court is to give effect to its obvious meaning, notwithstanding it may be thought to make an unreasonable and harsh innovation upon the pre-existing privileges of our own inventors. ”

“ But it is to be remembered-at least it may be assumed that congress was advised-that action by the patent office upon applications for patents was often unduly and purposely delayed by applicants until they could reap the full benefit of the monopoly obtained by them in foreign countries before taking out an American patent. ”

“ Ct. 676, it was said that the construction of a statute of the United States concerning patents for inventions cannot be regarded as judicially settled when it has not been so settled by the highest judicial authority which can pass judgment upon the question. 'Nor,' the court further said, 'is this a case for the application of the doctrine that, in cases of ambiguity, the practice adopted by an executive department of the government in interpreting and administering a statute is to be taken as some evidence of its proper construction. ”

“ There is nothing in the opinion delivered by Mr. Justice Blatchford which, in our judgment, justifies the suggestion that he felt constrained by principles of comity to follow the decision of Judge Nixon without considering the question upon its merits. ”

“ If, now, when both patents are free to all English manufacturers, the American manufacturer must pay a royalty for those inventions, he is immediately placed at a disadvantage as compared with his foreign competitor, and this by the act of the patentee, either in neglecting to obtain that extension abroad, for which he sues in this country, or by devoting his time during the original term to the development of the invention abroad to the neglect of the American field.' Com. Dec. (1870) 106, 108.
A like ruling was made October 6, 1870, in the Case of Ward, an American inventor. Com. Dec. ”

“ If this principle operates harshly upon inventors in certain cases, it is for congress whose discretion is not subject to judicial control, to make provision for those cases, if it be possible to do so without such injury to the people of our country as ought not to be inflicted upon them. ”

“ It appears that the revisal of the statutes relating to patent and copyrights was reported to the house of representatives by the commissioners appointed under the act of 1866, and was referred first to the house committee on revision of the laws of the United States, and afterwards to the house committee on patents, of which Mr. Jenckes was chairman. ”