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excerpts from the 1888 Chambers’s Encyclopedia of Universal Knowledge

May 4, 2007

PATENT LAWS

Filed under: economics, law, engineering, government — Erik @ 1:14 am

PATENT LAWS. Since the introduction of the amended Patent Law in 1852 (see PATENTS), many manufacturers have boldly advocated the abolition of the patent system altogether; on the plea, that the good results, whatever they may be, are overbalanced by the bad. The great majority of advisers, however, call for further reform, not abolition. The Economic Section of the British Association has discussed this matter during a long series of years. The Society of Arts, also, have had many discussions on the subject; and the arguments pro and eon. will be found at length in the Transactions of these bodies. The various Chambers of Commerce throughout the kingdom have likewise debated the subject at length. The actual operation of the system may be briefly illustrated. Mr. Bennett Woodcroft, in 1864, examined 100 patents out of those which had been applied for in 1855. Of the 100, he found 96 frivolous in character, of little or no value as to the merit of the inventions; 4 of moderate value; and not one of striking promise. Out of the 100 applications, 70 patents were granted, of which one became void at the end of six months, 51 more at the end of three years, and 15 more at the end of seven years—because the patentees declined to pay the successive instalments of fees. There were therefore, in 1863, only 3 patents left out of the 100 which had been applied for in 1855. Mr. Woodcroft finds that about the same ratio is exhibited in the whole of the 3000 or so applied for every year. In 100 of the average applications in 1858, he pronounced that there was not one invention of much value, 3 of some, and 97 of little or no value. In 1862, he found 1 of much, 1 of some, and 98 of little or no value. As to statistics of actual numbers, see patent office, library and museum.

In 1862, a royal commission was appointed to consider the whole subject of the patent laws, and to suggest alterations which might be useful. The commission collected evidence in that and the two following years, and made its Report in 1864. Other commissions and committees have made later inquiries, and offered suggestions founded on the evidence collected; but the opinions expressed, on almost every point, are most conflicting. The divided opinion of practical men has hitherto discouraged any attempt to legislate on their recommendations; and the act of 1852 remains still in force.

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