The Sun.
London, England, 1865-09-12 00:00:00

contention, than when taken up in the spirit of
controversy, and the disputants on either side are
actuated by jealousy or incited into exaggeration.
Professor ROGERS presented his hearers with a very
elaborate account of the workings of the system,
and described a patent as a race that is run between
two persons, each intent on arrogating rights to
himself at the expense of the other, and to the
detriment of society at large. The simultaneity of
inventions has now become an acknowledged fact,
• and the strife and discord that rage therefrom fill
our law courts and distract our tradesmen. With
• notices, injunctions, and pending cases, trade is
very much injured, and serious losses inflicted upon
many, who are so puzzled and confused by con-
flicting evidence that they hesitate how to act.
The road through practical science has
justly been described as that of " BUNYAN'S
pilgrim through the valley of the shadow of death,
with a ditch on one side, and a gorge on the other,
full of snares, traps, gins, and nets on the one hand,
and of pits, pitfalls, deep holes, and slidingsdown
on the other, to say nothing of the satyrs, hob-
goblins, and dragons by which the region is in-
fested." The position of the public is very apt to
be overlooked in all the hubbub that is raised about
patents, yet surely it is one that ought to be consi-
dered, and the Professor rightly discoUrses upon it
here. " The public is mulcted by the system," it
is here emphatically observed, and those who have
studied the subject carefully will coincide in the re-
mark, unsatisfactory as it may sound, and errone-
ous as at first sight the uninitiated may believe it to
be. The immense sums that are now spent in de-
fending and securing the right add greatly to the
difficulties of the undertaking, and seriously dimi-
nish what profit there may be in the affair. What
can be more true than is here stated, that the aboli-
tion of the patent laws, at the worst, would only
lead to " secrecy ;" and even now we may find that,
whenever it is convenient to do so, such a course is
invariably followed in the " processes of produc-
tion." It is almost impossible to over-estimate the
advantages that would accrue from the annihilation
of the spirit of " gambling" which at present flourishes
to a great extent, and by the stoppage to litigation,
the evils of which need scarcely be commented
upon, and by the stimulus that would be given to
invention, nor so restricted and hampered by fetters
and hindrances of all kinds under the name of
patent privileges. As the lecturer remarks, people
may think that the " machinery of the law is di-
rected against the producers, but it is inevitably paid
by the consumer." Liberty of action is required,
and it is precisely that liberty which is checked by
the law as at present constituted. Professor ROGERS
explained the causes that existed for the tolerance
the public afforded to this plan, and wound up by
declaring that a privilege of monopoly was not
necessarily a right. The system of patents has
been advocated with great vehemence, and there-
fore many persons have been fain to believe what
they have been told. The wisest plan, however, is
undoubtedly to pause and consider a little how
such and such a system works in its immediate
results, instead of hurrying to a conclusion by fol-
lowing the arguments of partial and prejudiced
commentators. The Professor went on to analyse
the matter, and showed how many of those who
have most benefited humanity have not received
patents. The inequality of our present vaunted
mode of conducting the matter is thus well de-
scribed :—" A man may invent or discover a new
method of agriculture and geological stratum of
national importance, a method of medical treatment,
a course of public policy, a mode of education, a
system of banking ; in short, an infinity of things,
and processes of universal benefit, and receive no pro-
tection." In alluding to copyright it was truly ob-
served
that it is next to impossible that two authors
should hit upon the same thought, and give expres-
sion to them in the same manner. In this manner
the advantages are overrated, for means are found
to alleviate the inconvenience of exclusiveness. Cir-
culating libraries are rightly designated as " na-
tional remedies to high prices of the pro-
tected works," and it is worthy of consideration
if the authors really gain more by such a plan being
adopted than if competition were allowed. There
is certainly much to encourage thought in this ad-
mirable and comprehensive paper of Professor
ROGERS. It will offend prejudices, and raise up a
host of detractors ; but there is much soundness in
its arguments, and much truth in its inferences.
What suits the views of the few may not be for the
advantage of the many ; and we very often find
that the abolition of a long cherished scheme does
not bring with it half the dangers and difficul-
ties that are predicted by the sages who
treat of the matter. At any rate it is
worthy of attention, that the patent laws, as
at present followed, are anything but a success,
and, therefore, it cannot be such a very treason-
, able or treacherous affair to criticise their origin,
progress, and effect. This has been done in the
paper now under consideration, and it was with
confidence we recommended it as a study for
those who are anxious to find out the truth for
themselves, and not take garbled accounts as
gospel, or become too easy converts to doctrines
speciously set forth. All should see and judge for
themselves, in cases where important social inte-
rests are concerned, and rival claims are instituted.