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What a patent grants
-June, 1882.]
(ibr)'es))o)~de))ce.
467
Electric Light in Building Operations.--The use of th(, electric lig'ht in l*;ng'la.(l f . r illuminatin~ the w-rk~ of bnildi,,g, :~nd (l(,srru<'tion)))'el):mlt,)ry t()r('huil(ling is i))('r('asing'. Th(, bH'~'~'m~l('hi))(, ~h,)p ()f M(,ssrs. l"()wl~% in L(,~.(ls, having h(.,(,n Imrm, th(, ))r(,l)ri~,t,,r~ imm('diat('Iv (eh'g'r~@l(,d t))(' :ig'(,nt~ ,)f' th(' lh'11sh m:.'hin(,, t,, t'tH'niA) th(.i)' apl)m'.m., in ,))'(h,r r() h,,]l) th(.))) h)(.h,:iri)),,_,':l~:~x ,~h,, )')~))),i~)) dul'ino/the night. |:()rty-('ight h()m'~ af't~q' (h(' (h,sl>~l(,h w~s )'(','('i\o~i. th. B)'Hsh I:!mps w<,r(, l>m'nin~' ()\(,r th(, ruins. .L.Z.,)i..Ijdcd;. (/.
\Vll:vr .\ ILvrvxT GPaXTS. To tke Editor of the .]o,~'~al of" the Fr(t)~l,~/i~tln,stib~te : SIP--A paragraph in Mr. Itowson's book, noticed on an(~fller page, induces attention to an error, popular among patentees, that their patents give them--as on their face they say they do--a " r i g h t to make, use and v e n d " the article or machine described in the patent; the fact that they do no such thing is a fl'uitthl source of trouble, and its discovery furnishes one of the special grounds of complaint against the Patcnt Office and its administration. It constantly happens that a man hohling a patent which prot?sses :to give him this right, assmnes that this proibssion is true, mid his .surprise and disgust, and not infrequently his loss, are l~roportionate to the fhith which he puts in this assertion, nnder the seal of one of the highest departments of the government of his e¢mntry. In point of thet, the patent does not giw: him any right whatever--either exclusive or otherwiseIeither to make, use or vend the thing named; if he did not have an entire and absolute right to do so betbre he qpplied for a patent, he has none such bv reason of its issue to hinl. What the patent does grant him is the right to exclude others from making, using or vending the thing covered by the claims of his patent--only that and nothing more--and that is a very d i f ferent thing from what the patent says, and fl'om what he believes because his patent sqys it. There will probably be, before long, some legislation on the subjeet of p-~tents, and it is submitted that it would be well to have the fornl of the patent amended, so that it shall say just what it lneans, and that he who runs may read understandingly.
468
_Book ,Notices.
[-Jour. Frank. (nsL.
( i f course, th.s¢, wh,, are e.rrectlv inG,'med concerning the law of patents ];n{)w very well what the phrase implies, but patentees :is a class are, and of necessity ahvavs must be, e~,mposed of men who have m~ knowledge of patent law, and who therefi~re suppose that the words re,an what tlwv say, and s~, ar~' led t~, e r r o r and l>rout,'ht F.~ ] SS. (}. ~[OItGA g EI,DPJD(;F.
/qli(adC'/ldSi,,
May S, ISS2.
Book
Notices.
]~EISSUEI) ~)ATENT.'4: Comments on the Deeision of tile l'nited 5rotes Supreme (,onrt ill the ease of Miller rs. The Bridgeport Brass ('ompany. Practical efl~;ets of tile I)eeision and its Warning to Inventors. By H . Ih)wson, Sr. Philadelphia: T. & J. W. Johnson & Co. 1882. In this volume the author has presented a clear statement of a nmeh troubled and very troublesome question, and has brought plainly beibre the notice of such of the public as are interested in patents and patented articles tile evils which have ariseu t)om the abuse of the privilege of reissue and the ineonvelfienees which "ire likely to result from a change of law and practice so radical as that whi<~h nmv tbllow fl-om the decision which tbrms the text of his discourse. Upon tile ground both of the benefits and the injuries likely to accrue tile volume is well worthy a careful reading by those concerned in the questions inw~lved, and to those who have the legislatiw; power to sustain the one, and to prevent the other, the suggestions contained in the little book are worthy of eonsideration. The right of reissue is a good t h i n g - - i n many instances aN,-ding to an inventor the only possible means of protecting Iris unquesti.nable rights--like many other things, g~,od in themselves, however, i} has been so nmeh abused that as matters stand at present, or at least as they stood befbre this decision and some others which clearly tbreshadowed it, it is doubtful whether, on the whole, more evil than good has not resulted fi'om it. Some legislation is necessary and will probably grow out of this ease, but it will require high skill and rarely good judgment, so to frame it, as to avoid grave injustice in some cases.
The strictures of the author upon the practice of " n o patent, no pay," are eminently just, and might thirly have been even more severe.
(ibr)'es))o)~de))ce.
467
Electric Light in Building Operations.--The use of th(, electric lig'ht in l*;ng'la.(l f . r illuminatin~ the w-rk~ of bnildi,,g, :~nd (l(,srru<'tion)))'el):mlt,)ry t()r('huil(ling is i))('r('asing'. Th(, bH'~'~'m~l('hi))(, ~h,)p ()f M(,ssrs. l"()wl~% in L(,~.(ls, having h(.,(,n Imrm, th(, ))r(,l)ri~,t,,r~ imm('diat('Iv (eh'g'r~@l(,d t))(' :ig'(,nt~ ,)f' th(' lh'11sh m:.'hin(,, t,, t'tH'niA) th(.i)' apl)m'.m., in ,))'(h,r r() h,,]l) th(.))) h)(.h,:iri)),,_,':l~:~x ,~h,, )')~))),i~)) dul'ino/the night. |:()rty-('ight h()m'~ af't~q' (h(' (h,sl>~l(,h w~s )'(','('i\o~i. th. B)'Hsh I:!mps w<,r(, l>m'nin~' ()\(,r th(, ruins. .L.Z.,)i..Ijdcd;. (/.
\Vll:vr .\ ILvrvxT GPaXTS. To tke Editor of the .]o,~'~al of" the Fr(t)~l,~/i~tln,stib~te : SIP--A paragraph in Mr. Itowson's book, noticed on an(~fller page, induces attention to an error, popular among patentees, that their patents give them--as on their face they say they do--a " r i g h t to make, use and v e n d " the article or machine described in the patent; the fact that they do no such thing is a fl'uitthl source of trouble, and its discovery furnishes one of the special grounds of complaint against the Patcnt Office and its administration. It constantly happens that a man hohling a patent which prot?sses :to give him this right, assmnes that this proibssion is true, mid his .surprise and disgust, and not infrequently his loss, are l~roportionate to the fhith which he puts in this assertion, nnder the seal of one of the highest departments of the government of his e¢mntry. In point of thet, the patent does not giw: him any right whatever--either exclusive or otherwiseIeither to make, use or vend the thing named; if he did not have an entire and absolute right to do so betbre he qpplied for a patent, he has none such bv reason of its issue to hinl. What the patent does grant him is the right to exclude others from making, using or vending the thing covered by the claims of his patent--only that and nothing more--and that is a very d i f ferent thing from what the patent says, and fl'om what he believes because his patent sqys it. There will probably be, before long, some legislation on the subjeet of p-~tents, and it is submitted that it would be well to have the fornl of the patent amended, so that it shall say just what it lneans, and that he who runs may read understandingly.
468
_Book ,Notices.
[-Jour. Frank. (nsL.
( i f course, th.s¢, wh,, are e.rrectlv inG,'med concerning the law of patents ];n{)w very well what the phrase implies, but patentees :is a class are, and of necessity ahvavs must be, e~,mposed of men who have m~ knowledge of patent law, and who therefi~re suppose that the words re,an what tlwv say, and s~, ar~' led t~, e r r o r and l>rout,'ht F.~ ] SS. (}. ~[OItGA g EI,DPJD(;F.
/qli(adC'/ldSi,,
May S, ISS2.
Book
Notices.
]~EISSUEI) ~)ATENT.'4: Comments on the Deeision of tile l'nited 5rotes Supreme (,onrt ill the ease of Miller rs. The Bridgeport Brass ('ompany. Practical efl~;ets of tile I)eeision and its Warning to Inventors. By H . Ih)wson, Sr. Philadelphia: T. & J. W. Johnson & Co. 1882. In this volume the author has presented a clear statement of a nmeh troubled and very troublesome question, and has brought plainly beibre the notice of such of the public as are interested in patents and patented articles tile evils which have ariseu t)om the abuse of the privilege of reissue and the ineonvelfienees which "ire likely to result from a change of law and practice so radical as that whi<~h nmv tbllow fl-om the decision which tbrms the text of his discourse. Upon tile ground both of the benefits and the injuries likely to accrue tile volume is well worthy a careful reading by those concerned in the questions inw~lved, and to those who have the legislatiw; power to sustain the one, and to prevent the other, the suggestions contained in the little book are worthy of eonsideration. The right of reissue is a good t h i n g - - i n many instances aN,-ding to an inventor the only possible means of protecting Iris unquesti.nable rights--like many other things, g~,od in themselves, however, i} has been so nmeh abused that as matters stand at present, or at least as they stood befbre this decision and some others which clearly tbreshadowed it, it is doubtful whether, on the whole, more evil than good has not resulted fi'om it. Some legislation is necessary and will probably grow out of this ease, but it will require high skill and rarely good judgment, so to frame it, as to avoid grave injustice in some cases.
The strictures of the author upon the practice of " n o patent, no pay," are eminently just, and might thirly have been even more severe.