OBSERVATIONS UPON MR. MACKINNON'S BILL, "TO AMEND THE PRACTICE RELATING TO LETTERS PATENT FOR INVENTIONS," &c. Respectfully addressed to the Consideration of Members of the Legislature. Ir from amongst the various subjects which at this moment press on the attention of Parliament, one should be selected for its important bearings upon the great commercial interests of this country, for its nationality, for its prospective beneficial results, and for its claims to be calmly considered without any excitement of that excusable* party-feeling which attaches to most matters of public discussion-that subject would be the relief of the genius and inventive talent of this manufacturing nation, from the oppression and difficulties under which it has hitherto laboured, for want of a systematic Code of Patent Law, combining simplicity of forms, efficient protection, and reasonable price. The attention of our statesmen and legislators appears never to have been sufficiently directed to the necessity of treating the subject of Patent Law and practice as an affair of national policy, both as it regards our internal prosperity, and our external commercial relations over the whole globe; it has never been considered by those who direct the concerns of this country, that the combined rivalry of foreign nations, jealous of our manufacturing superiority, and present commercial pre-eminence, can alone be effectually met by giving vitality and energy to the immense mass of dormant inventive talent throughout this country, which can ever be rendered available to its possessors, and to the public, but by a complete re-modelling of our antiquated and expensive system of Patent Law and practice. The amendment of this system is, I will acknowledge, surrounded with difficulties and perplexities of a peculiar character; but they are not insurmountable, and the attention of Parliament being * Query, inexcusable.-ED. once fixed upon the importance of the subject, the wisdom of Parliament can certainly apply the proper remedies. To appreciate the value that should be attached to the wellintentioned endeavours of any member who will undertake the almost forlorn hope of Patent practice amendment, we need only cursorily advert to the attempts which have preceded the present Bill of Mr. Mackinnon, upon this difficult point of legislation. In the Session of 1829, the Honourable House of Commons appointed a Committee of Inquiry into "the Law and Practice of Patents for Inventions," with directions" to report the evidence, and their observations thereon, to the House." The Committee was composed of able men from both sides of the House; they examined witnesses at great length-reported their evidence, but found the subject" so intricate and difficult," that notwithstanding "their carnest recommendation to be re-appointed early in the next Session," they relinquished the "intricate and difficult" business, and were never re-constituted for the purpose of making that report, which could alone have given an operative result to their previous labours. The Reform Bill engrossed the attention of Parliament for the two succeeding Sessions; but in that of 1833, Mr. Godson introduced his Patent Law Amendment Bill; it was divided into two, for the purpose of separating the more questionable amendments; the first Bill passed the Commons, the second Bill went through Committee;-they together embraced many important ameliorations; but were defective in detail as a system, or code of Patent Law and practice. These two Bills were superseded by Lord Brougham's Act, which contains some material improvements, not worded in the best manner (so far as words are intended to convey precise meaning)-but Lord Brougham's Act has left all the principal grievances of which men of inventive. talent complain, perfectly unremedied. Lord Brougham's ac knowledged great talents were not applied to the "intricate and difficult" portions of the subject, the real protection of invention as a matter of personal property, and of personal right, the abrogation of the useless antiquated forms of passing Patents, 110 Observations upon Mr. Mackinnon's Bill. the complete simplifying of the process as a matter of commercial arrangement effecting the great interests of the country, the substitution of one Patent in one "United Kingdom" for three complicated Patents; and finally, the reduction of the heavy stamp duties, and onerous State and Chancery fees. Without this reduction, all other improvements are sealed from the great mass of inventors, whose combined talent, industry, and knowledge, would add incalculably to the wealth and resources of the Empire, and to our means of competing, in every part of the globe, with the increasing efforts of rival powers, who are continually progressing in those combinations of capital, skill, and enterprise, which must eventually have a deep effect upon our future commercial operations. Mr. Mackinnon's Bill is very far from perfect in many principal points, especially in respect of necessary details for the security of inventors and of the public; and he has fallen into the error of placing his improvements beyond the reach of men of moderate means; but his Bill contains essential and important ameliorations in principle; the forms of taking out Patents are materially simplified; and security is afforded from the date of the petition the heavy stamp duties are proposed to be repealed; and the numerous classes of fees and emoluments are abrogated by his Bill. But it is important to impress on the attention of Parliament that the difficulties which are inherent to this intricate subject should secure to the bona fide endeavours of any Legislator who will undertake any thing like a systematic arrangement and amelioration of Patent Law and practice, the cordial and effective co-operation of men of every party to amend what is imperfect, and supply what is deficient in this Bill. To prevent its going into Committee because it is defective in its details, would be equally unjust and impolitic; such a course would disappoint the rational expectations and demands of thousands of men of inventive genius, who have been from year to year depending upon the wisdom and justice of the Legislature for a Code of Patent Law; such a course would be impolitic, by still continuing those restrictions, which exclude from profitable action and reciprocal benefit to the community, the buried treasures of inexhaustible resources of science, talent, skill, and enterprise, which would prove to this country richer mines of wealth than Potosi or Golconda possesses. To throw out this Bill upon second reading, would be to discourage every future attempt of individual endeavour to legislate upon this most important and most difficult subject. Mr. Mackinnon stands pledged to facilitate every proffered improvement upon his Bill; it is but common candour to give him credit for the sincerity of his professions, and but Parliamentary justice to allow him to redeem his pledge. THIS IS NOT A PARTY QUESTION; it is a question of equal policy, justice, and benevolence; the interests of official persons engaged in the present practice of patent-grants are insignificant when put into the balance against the great interests of the country; but fair compensations to all who are entitled to such can easily be arranged under this Bill. The prospective increase to the happiness, the internal improvement, the resources and the external commerce of this great empire, as the result of a good and available system of Patent protection to the inventive talent of the country, is incalculable. This is, par eminence, a question of British policy, of British improvement, and of British interests; and it should be treated with the generous sympathies of PATRIOTIC BRITISH LEGISLATION. JULIUS LUDOLPHUS SCHRODER. Brixton, 10th April, 1837. List of Patents Granted by the French Government from the 1st of January, 1836. (Continued from p. 48.) To Claude Auguste Trichon, for sleeping cushions to be fixed inside of carriages. To Alexandre Francois Selligne, of Paris, for improvements in the instruments used for boring the earth. Caiman Duvergier, of Paris, for a new kind of bit called by him Lycos. Jean Batiste Jarry, of Paris, of an improved rotary steam-engine. Pouillet Brothers, for a new apparatus for heating houses. - Valentin Geoffroy, of Castlenaudry, for a thrashing machine. -James Coltam, of Rouen, for an improved steam engine. - Charles Sapey, member of the Chamber of Deputies, for an improved mill for grinding plaster of Paris. Alexis Jean Baptiste Camus, of Paris, for a mechanism for raising and lowering the buckets of a well, and emptying them without the help of an attendant. Rolland Degrege and Rimbert, for a mechanical lamp. -Duvoir and Co. of Paris, for a machine for washing by steam. Lecour, of Paris, for a smoke-consuming apparatus. Darvien, Canvy, and Durand, for certain apparatus for stiffening cocoons by the agency of the heat produced from a naked fire, without any danger of burning the silk. -Zacharie Gaspard Adam, of Montpelier, for an apparatus for rectifying alcohols extracted from sour wines. -Jean Netrebski, of Paris, for an improved steam-engine. Bellot Sellier, Tardy and Illig, for a machine for manufac turing with one blow several detonating caps. Eugene Maire, of Havre, for an apparatus to be used as a motive power, and actuated by the muscular strength of man in conjunction with his weight. Andre Jean, of Villeneuve, for improvements on ploughs. PATENTS FOR FIVE YEARS. To Louis Cesar, locksmith, of Nancy, represented in Paris by Mr. Perpigna, advocate of the French and Foreign Office for Patents, quarter rue Choiseul, for an improved air-valve, applicable to all sorts of bellows. -Jean Marie Letestu, represented by Mr. Perpigna, for a new kind of lock. |