Vickipedia

PATENT is an exclusive right granted by the crown (in letters patent or open, whence the name) to an individual to manufacture and sell a chattel or article of commerce of his own invention. The policy of the present law of patents has latterly been much canvassed, and it has been suggested that, instead of the present monopoly, with the drawback of litigation to which it uniformly gives rise, the use of all inventions should be dedicated to the public at once, and the inventor rewarded by a pension from the state, according to the merits and utility of the invention. The present law allows the inventor to have a monopoly of his invention for fourteen years, with a further privilege at the end of that time, provided he has not been sufficiently remunerated, to have the patent renewed for a further term of fourteen years. That some mode of rewarding the individual whose perseverance and ingenuity have enabled him to discover a new invention should be established, is universally admitted, but whether it should be at the expense of that part of the public who are purchasers, and therefore benefited by his discovery, or by the public at large in the shape of a pension, is a matter still undecided. The evils of the present law are that there is a great deal of uncertainty in the mode of ascertaining what is a new invention. Hence, when a patent has been granted, if it is of such a nature as to lead to competition, infringements are almost matters of course, and the only mode of discovering and checking the infringement is so tedious, costly, and ineffective, that inventors generally pass their lives in constant litigation, fighting in detail a succession of imitators who often have nothing to lose by defeat, and therefore entail all the greater burden on the legitimate manufacturer.

It has been said that not more than three patents per cent. are remunerative. A royal commission has latterly been engaged in inquiries as to the best mode of remunerating inventors, and improving the law in reference to infringements; but it is doubtful how far the subject is capable of being put on a better footing, so many difficulties being inherent in it. The crown seems always to have enjoyed the prerogative right to grant monopolies, and this had been so greatly perverted in the time of Elizabeth, that the popular clamor led to a statute in the following reign, having for its object to prevent the crown in future making any grants of that kind which should be prejudicial to the interests of trade. By that act an exception was expressly made in favor of new inventions. At first the judges construed grants of monopoly to inventors very strictly; but afterwards it was seen that they were for the benefit of trade, and were dealt with more liberally. An important modification of the law was introduced by a statute of Queen Anne, which required every inventor to describe in detail the nature of the invention in an instrument called a specification. Another statute of 5 and 6 Will. IV. c. 83, further altered the law by allowing parties who had a difficulty in separating what was new from what was old in their invention to enter an express disclaimer of that part which was not new. But the most important alteration was made in 1852, by the statute of 15 and 16 Vict. c. 83, which reduced the fees, and otherwise improved the practice attending the obtaining of patents for the United Kingdom. Before stating shortly the substance of this act, it may be observed that there lias always been a difficulty in defining what is an invention that is patentable—a difficulty which no act of parliament can get rid of, for it is inherent in the subject-matter. It lias been held that a patent must be not merely a discovery of a new substance or article of food, but it must be a combination of processes producing some new result, or an old result by different means. It is of the essence of the patent that it be entirely new, that is, that it should not have been described in a published book, or well known in the business of the world, nor publicly used before. The specification must give a full disclosure of the secret, and describe it so that an intelligent person could from the description make the article itself.

There is a patent office in London, in Edinburgh, and in Dublin, but the Scotch and Irish offices have long been used only as places for inspecting copies of patents, specifications. and documents. From 1852 till the new Act of 1883 came into force, the commissioners of patents were the Lord Chancellor, Master of the Rolls, Attorney and Solicitor General of England and Ireland, and the Lord Advocate and Solicitor-General of Scotland. The inventor first presented a petition for a grant of letters-patent, accompanied by a statement in writing of the specification, a copy of which was left at the patent-office. The application was referred, as a matter of course, to one of the law officers of the crown, who might call to his aid a scientific person to be paid by the applicant. A provisional patent might be applied for in the first instance, and the complete patent deferred for six months— the patent dating from the first application. After a patent was granted, and had been in existence for three years, a fee of £50 fell to be paid; and, at the end of the seven years, a fee of £100. The letters-patent extend to the whole of the United Kingdom. The practice with reference to patents, especially as to the drawing of the specification, was too minute to justify an inventor to attempt to take out a patent without professional aid; and a class of persons called patent agents (a business for which no qualifications were required by any constituted authority) devoted themselves to this branch of business—their charges (often exorbitant) being generally ascertained by estimate beforehand. The fees payable to the law officers were as follows : On leaving petition for grant of letters-patent, £5; on notice of intention to proceed with application, £5; on warrant of law officer for letters-patent, £5; on sealing of letters-patent, £5; on filing specifications, £5; at or before expiration of third year, £50; at or before expiration of seventh year, £100. Besides these fees, if opposition was entered to the grant, additional fees were incurred, both by the party applying and the party opposing.

At the date of the passing of the Patents, Designs, and Trade Marks Act of 1883, there were nine acts on patents more or less fully in force; and six others on copyright of designs. Now the management of this branch of the public service is put under the Science and Art Department, and the new responsible official, called the Comptroller of "Patents, is an officer of the Board of Trade—from whose decisions, however, there is in certain cases an appeal to a court comprising some of the chief law officers of the crown. There is a paid examiner of patents, to whom applications are first submitted. Heretofore, seven different applications were necessary; now one suffices, and that may be sent through the post. The formulas are simplified, with the hope of enabling the patentee to dispense with the services of patent agents. In contrast with the scale of fees given above, the charges under the new law are : £1 paid down at once, when the provisional specification is lodged at the Patent Office; £3 more after nine months, when the final specification is passed by the Comptroller, and sealed; £50 after the fourth year ; and £100 after the ninth. The latter two payments may be made in annual instalments. (The Board of Trade has power hereafter to reduce the fees, on obtaining the consent of the Treasury.) A register of patents is to he kept, and an Illustrated Journal of Patents officially published. Patents, as formerly, hold for 14 years, and extend to the whole of the United Kingdom.

A patent obtained in this country does not extend to the colonies, but several of the colonies have machinery for granting patents for a like period. In the United States, patents are granted for a term of 17 years. In France, the term is 5, 10. or 15 years, at the option of the applicant; in Prussia, for 15 years; in Russia, for 3, 5, or 10 years; in Spain, for 5, 10, or 15 years; in Belgium, for 20 years; in Holland, for 5, 10, or 15 years; in Austria, not more than 15 years; in Sardinia, 15 years. In all cases, fees are exigible from the patentee. See patent laws and patent office.