The Express.
London, England, 1865-02-08 00:00:00

THE PATENT LAWS.

RECOMMENDATIONS OF THE COMMISSIONERS.

The following are the recommendations of the
eommissiesers appointed to inquire into the work.ng of the
law relating to letters patent for invwtioos :
" L Your OOMICiaIiODWI do not Bnd that the present oust
of obtaining letters patent is excessive, or the method of
payment inconvenient ; they do not therefore recommend

•ay alteration of the present system on those points ; but
they think that patent fees should not be merle to contri-
bute to the general expenditure of the Mate until every
reasonable requirement of the Patent-office has been satis-
fied. 2. They are unable to recommend a preliminary in-
vastigatice into the merits of the invention for which •
patent is claimed ; but they advise that a careful inquiry
be instituted under the direction of the law officers of the
crown as to whether there has been any previona documen-

terry publication of the intention, either by grant of
letters patent, or otherwise ; and if such publication have
taken place, that the patent shall be refused. No evidence
other than such documentary evidence should be admissible,
and the reasons for the refusal to grant the patent should
be certified by the law officers ; an appeal from their deci-
sion should lie to the Lord Chancellor. 3. Your com-
missioners are of opinion that the present mode of trying the
validity of patents Is not oonducted in a satisfactory m .
That Inch trials ought to take place before a judge sitting
with the aid of scientific assessors, but without a jury,
unless at the desire of both parties to the suit or action.
That such armors ought to be selected by the judge in
each cue, and the remuneration to be paid them be
Included in the omits of the suit or action, and provided for
in Each manner u the judge shall direct. That no epecial
judge be appointed for the trial of patent oases, but the
judges of law and equity be empowered to make rules by
which one court should sit for trial of patent cases sults-
lively. That on such trial the judge, if sitting without a
jury, decide questions of fact as well as of law. 4. That the
granting of Ramses to use patented inventions ought not to
be made compulsory. 5. That patents ought sot to be
granted to importers of foreign inventions. 6. That in no
ease ought the term for which a patent is granted to be
extended beyond the original period of 14 years.
7. That in all patents hereafter to be granted •proviso shall
be inserted to the effect that the crown shall have the power
to use any invention therein patented without previous
license or consent of the patentee, 'abject to payment of a
sum to be fixed by the treasury. 8. While, in the judg-
ment of the commissioners, the changes above suggested

will do something to mitigate the inoonvenienoen now gener-
ally complained of by the public u incident to the working
of the Patent Law, it is their opinion that these ineonveni.
snout oannot be wholly removed. They are in their belief
inherent in the nature of a Patent Law, and mud be con-
.

aixiored as the price which the public cowate to pay for the
existence of such a law.

(Signed) "STANTAT (LL), 0981118T0111 (L. 8.), W. RUA
(/..8.). W. P. WOOD (L...), H. M. CArase
H. WA.DDINOTOI (L.S.), W. R. 09091 (L. 8.), W. R.
FOIBT2B (L. 9.), WS. Muammar (i.e.)."

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