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Remarks by the editor
116
Observations o~ the P a t e n t L a w .
lain modifications they have been applied to a use entirely new, an~ have become extremely valuable, but you are told that merely vary, ing the shape of a thing will not be good for a patent. In short iris impossible in the greater number of cases, owing to the uncertain phraseolog.y of the laws, and the various opinions of the judges, as to their meamng, to secu,'e any property under them; anti it is ahnosi impossible, where the rights of an inventor are violated, for him to oh; lain an injunction to restrain the violating party from further proceedings. Ilow stands the matter in regard to all other property;r,: is it not necessary for a person claiming a right to property in the, possession of another, to sue for it, and to procure a verdict before) he cau take possession of it? does justice distinguish betwixt pro:. perry consisting in tiouses and lands, and that which is acquired a~ greater risk and toil, and by the exercise of genius and talent.~ If~' there is any distinction to be made, it should be reversed, because a useful invention is valuable to the whole community. G? From these anti other considerations, it is, in cmnmon with man~ others, the opinion of the author of the foregoing rema,'ks, that some~ thing should be done to ett?ct a total ch/mgein the patent laws, so as to give to a most useful class of men, tlaat security which was no doubt intended by the framers of the existing laws, but which from varlouS causes have been found.totally inapplicable, failing to etti~ct the put'. pose. It is, therefore, believed that if the Managers of the Franklirt Institute would undertake to investigate and point out the ineon, venienees of the present laws, and suggest such alterations and revisions as would render them available to the inventor, they would perfbrm a service invaluable to the community at large, and ona which would be honourable to our national character. ! am~ with great respect, &e. &c. .A. FRIEND TO THE Ml'zCtlAEIe ARTS,
Remarks by the 5Editor.~With tile main proposition of the writer of the lbregoing observations we agree perfectly, namely, that the: law. tbr gr.a!tting patents tbr useful inventions is defective, and re~ qun'es revision. Whilst, however, we admit this most filly, we do not believe it to be possible, or were it possible that it would be proper, to enact such a law as would be satisfi~ctory to patentees. I'Ve are convinced from long experience, and careful observation, that. the complaint about not having their rights defended, is made, in a' very large majority of cases, by those who have no rights, of the kind. in question, to defend. Every man when he has obtained a patent, feels as though, by the payment of the fee, he had acquired a r i g h t t o t h e thing patet~ted, and that this right is violated if the law does'. not protect him. Now this is altogether a false view of the question. The greater number of patents are obtained for things which are either old or frivolous , and have no claim, therefore, to respect; almost every one will admit this to be true in the abstract, but no one in Iiis own case; the public, however, must be the arbiter, and the hopes which had their foundation in error be disappointed. T-he patentlaw is not intended to Confer any right, but to confirm
On French embossed a~d. Olh:b~"~o~ ~ye.
:l"I7
~h'ose already existing. A m a n has ~ dise6+~b~eai:.:i~r~;::~;n'q~¢~:! ~ thin new, aml he has a natural and inherent right to ~t¢ Iqe::t ~ many cases practice the thing secretly, and m all~hem~y:S~. it; the idea is his ow,, and nb man has a' right to :extm;t~ii~g}~ : t i i ~ That t 1 s k nd of property may bei~ome available botli t o " t i ~ h ; rotor: and to the public, a law has been passed givl~fig {o himah:;ex¢ ~ i ~ o right tbr lburteen years, upon con~litiOnthat it become publl p~6--:. perry at the end of thattime. From:t[i:e~:~;ery nature of the ca ~.tlie alle~ations upon which a: i~atent isSueff:must be ewparie..q21~e:~p~ plicant state,~ that he has effected a Certain object,affd thatit is ne~w~ unjust titan that sdt~h a claim should not be l'ab t b 'ra e s d ' In most cases the~:!p~teritee is deceived, or is a deceiver, a n d the public is not, in eithei:~to be made the victim. I f I enter a tract of new land, and obtain a patent for it in tl~e proper office, and put my p o tentupon record, will this make the land mine, and will the de~e~ee of my claim be a pub ic duty because I have paid the fee? certainly not; if I have lapped upon, or taken another man's property, or that of which tim public had no right, to dispose, neither my patent or its record will do me any good. The project of a 13nard of~en of practical science, is a f a v o u r i t e one~ and has been fi-equently advocated; when the idea is pursued, however~ we meet with difficulties upon the very threshold of the inquiry. The main object proposed by the establishment of such a.: Board, is the final security of the patentee ; but it must be recollected that there is another important interest to defend, that of the pubti% and this would be felt by such a Board, to the discomfiture of a host of applicants, who, if justly dealt by, would complain more loudly than thLy now do. How will you contrive to make such a Board infallible ? and if you cannot make it so, will you yet allow it to pronounce final decrees? to declare that the invention of one man is old~ I and that of am~ther new? Before this is done we must repeal'our free constitutions, and abrogate .the right of trial by jury. These are but hints, and we have not time for more, nor indeed do we wish to enter the lists at present, althoughwe are anxi0:(~ timt the question should be fully discussed. It may be imagined'bVsbm~ who read these remarks, that we are lukewarm 0n the stibjec~'oflre~'i'. vising the patent law; such, however, is riot tlie' ease, 'a~d;:~i~'!~;~ : hereafter., appear that it is one in which wetla,ce: . . . engaged . . . . .Witi1ha2 . t~rmg zeal. - : ' : ' Should our friends write upon t h i s subjectb as w e hope they wil,l~ if they wish their essays to be read~ they shouldbe brie~: Tl~ree or four pages at a time are as many as can with propriety be devoted to such a question.
0~ French embossed and other works in flatlened Straw. tN a late_ volume of the Dictionnaire Technologique, we find an ~.nteresting article on this subject. This manufacture, betbre the
Observations o~ the P a t e n t L a w .
lain modifications they have been applied to a use entirely new, an~ have become extremely valuable, but you are told that merely vary, ing the shape of a thing will not be good for a patent. In short iris impossible in the greater number of cases, owing to the uncertain phraseolog.y of the laws, and the various opinions of the judges, as to their meamng, to secu,'e any property under them; anti it is ahnosi impossible, where the rights of an inventor are violated, for him to oh; lain an injunction to restrain the violating party from further proceedings. Ilow stands the matter in regard to all other property;r,: is it not necessary for a person claiming a right to property in the, possession of another, to sue for it, and to procure a verdict before) he cau take possession of it? does justice distinguish betwixt pro:. perry consisting in tiouses and lands, and that which is acquired a~ greater risk and toil, and by the exercise of genius and talent.~ If~' there is any distinction to be made, it should be reversed, because a useful invention is valuable to the whole community. G? From these anti other considerations, it is, in cmnmon with man~ others, the opinion of the author of the foregoing rema,'ks, that some~ thing should be done to ett?ct a total ch/mgein the patent laws, so as to give to a most useful class of men, tlaat security which was no doubt intended by the framers of the existing laws, but which from varlouS causes have been found.totally inapplicable, failing to etti~ct the put'. pose. It is, therefore, believed that if the Managers of the Franklirt Institute would undertake to investigate and point out the ineon, venienees of the present laws, and suggest such alterations and revisions as would render them available to the inventor, they would perfbrm a service invaluable to the community at large, and ona which would be honourable to our national character. ! am~ with great respect, &e. &c. .A. FRIEND TO THE Ml'zCtlAEIe ARTS,
Remarks by the 5Editor.~With tile main proposition of the writer of the lbregoing observations we agree perfectly, namely, that the: law. tbr gr.a!tting patents tbr useful inventions is defective, and re~ qun'es revision. Whilst, however, we admit this most filly, we do not believe it to be possible, or were it possible that it would be proper, to enact such a law as would be satisfi~ctory to patentees. I'Ve are convinced from long experience, and careful observation, that. the complaint about not having their rights defended, is made, in a' very large majority of cases, by those who have no rights, of the kind. in question, to defend. Every man when he has obtained a patent, feels as though, by the payment of the fee, he had acquired a r i g h t t o t h e thing patet~ted, and that this right is violated if the law does'. not protect him. Now this is altogether a false view of the question. The greater number of patents are obtained for things which are either old or frivolous , and have no claim, therefore, to respect; almost every one will admit this to be true in the abstract, but no one in Iiis own case; the public, however, must be the arbiter, and the hopes which had their foundation in error be disappointed. T-he patentlaw is not intended to Confer any right, but to confirm
On French embossed a~d. Olh:b~"~o~ ~ye.
:l"I7
~h'ose already existing. A m a n has ~ dise6+~b~eai:.:i~r~;::~;n'q~¢~:! ~ thin new, aml he has a natural and inherent right to ~t¢ Iqe::t ~ many cases practice the thing secretly, and m all~hem~y:S~. it; the idea is his ow,, and nb man has a' right to :extm;t~ii~g}~ : t i i ~ That t 1 s k nd of property may bei~ome available botli t o " t i ~ h ; rotor: and to the public, a law has been passed givl~fig {o himah:;ex¢ ~ i ~ o right tbr lburteen years, upon con~litiOnthat it become publl p~6--:. perry at the end of thattime. From:t[i:e~:~;ery nature of the ca ~.tlie alle~ations upon which a: i~atent isSueff:must be ewparie..q21~e:~p~ plicant state,~ that he has effected a Certain object,affd thatit is ne~w~ unjust titan that sdt~h a claim should not be l'ab t b 'ra e s d ' In most cases the~:!p~teritee is deceived, or is a deceiver, a n d the public is not, in eithei:~to be made the victim. I f I enter a tract of new land, and obtain a patent for it in tl~e proper office, and put my p o tentupon record, will this make the land mine, and will the de~e~ee of my claim be a pub ic duty because I have paid the fee? certainly not; if I have lapped upon, or taken another man's property, or that of which tim public had no right, to dispose, neither my patent or its record will do me any good. The project of a 13nard of~en of practical science, is a f a v o u r i t e one~ and has been fi-equently advocated; when the idea is pursued, however~ we meet with difficulties upon the very threshold of the inquiry. The main object proposed by the establishment of such a.: Board, is the final security of the patentee ; but it must be recollected that there is another important interest to defend, that of the pubti% and this would be felt by such a Board, to the discomfiture of a host of applicants, who, if justly dealt by, would complain more loudly than thLy now do. How will you contrive to make such a Board infallible ? and if you cannot make it so, will you yet allow it to pronounce final decrees? to declare that the invention of one man is old~ I and that of am~ther new? Before this is done we must repeal'our free constitutions, and abrogate .the right of trial by jury. These are but hints, and we have not time for more, nor indeed do we wish to enter the lists at present, althoughwe are anxi0:(~ timt the question should be fully discussed. It may be imagined'bVsbm~ who read these remarks, that we are lukewarm 0n the stibjec~'oflre~'i'. vising the patent law; such, however, is riot tlie' ease, 'a~d;:~i~'!~;~ : hereafter., appear that it is one in which wetla,ce: . . . engaged . . . . .Witi1ha2 . t~rmg zeal. - : ' : ' Should our friends write upon t h i s subjectb as w e hope they wil,l~ if they wish their essays to be read~ they shouldbe brie~: Tl~ree or four pages at a time are as many as can with propriety be devoted to such a question.
0~ French embossed and other works in flatlened Straw. tN a late_ volume of the Dictionnaire Technologique, we find an ~.nteresting article on this subject. This manufacture, betbre the