The Sun.
London, England, 1854-01-27 00:00:00

7HE PATENT LAWS.

At the weekly meeting of the Society of Arts, on
Wednesday (Mr. H. Chester presiding) Mr. Webster pro-
ceeded to read a paper on the patent laws. Having
briefly alluded to the protection of works of art and lite-
rature, contending that the recognition of property in
intellectual labour was not only an act of justice to the
the producer, but beneficial to the public and the State,
he said it had been contended that the idea having once
passed from the mind of the author, no property could
be held in it ; but, in his opinion, the right of multipli-
cation of copies of the work ought fairly to belong to the
author, as property in intellectual labour ought to be as
fully recognised as the physical labour of the artisan.
Copyright in literature, music, and design, as fully be-
longed to the author as the patent of an invention to the
inventor, the cases being so far analogous, that they were
the product of mental labour, though probably not so
much in the latter as in the former case. It could not,
however, fairly be maintained, as it had been attempted
to be, that the author or composer should have property
in his works, and not the author of a design or an inventor
of a machine calculated to benefit mankind, or improve
science and art. Cases mighb occur by maladministra-
tration of the patent laws, by which they would be inju-
rious to the public, and if the author refused to reprint a
work, or an inventor would not make a machine he had
invented himself, or allow others to do so, it might be
advantageous to have the compulsory power of purchase
for the benefit of the public. Having referred to the
opinion of Sir David Brewster, that many inventions
were kept secret in consequence of the expense of ob-
taining patents, Mr. Webster proceeded to argue that
there ought to be a preliminary examination of patents,
to protect parties from their own ignorance. The patent
law was a stimulus to inventions, which would never be
prosecuted but for the protection afforded thereby. He
maintained that the manufacturing superiority of this
country could only be sustained by progress, and that
progress could only be stimulated by protection being
given to the works of the. inventor. Every machine or
tool improved became a new invention, and, therefore,
ought to be protected by the patent law. Strikes had
given rise to many inventions, such as the self-acting
mule, the wool-combing machine, &c. ; but they would
never have been invented, nor could the inventor
have been been paid for his labour, but for the pro-
tection of the patent laws. A large proportion of
inventions originated with operatives, and he be-
lieved that, under the new patent laws, properly ad-
ministered, the operatives of the next century would
take the place of the Watts and Arkwrights of the
last ; and with an alteration in the partnership laws,
everything would be done that could be to protect the
rights of the inventor. A. great deal might be done by
the framing of machinery to ensure its improvement ;
yet, for such designs little or no protection could be ob-
tained. Designs in damask, &c., could only be pro-
, tected for a year—a very inadequate degree of protec-
tion for the necessarily large expenditure of labour and
money required. The Copyright of Designs Act varied
the periods of protection, but under what principle lie
could not tell ; and he thought the protection ought to
be extended from time to time on the inventor or de-
signer paying to the State for it. The Registration of
Designs Act had worked very unsatisfactorily, and since
the introduction of the new patent laws, the number of
registrations had declined to comparatively few in num-
ber, whilst the patents had very materially increased.
All secret manufactures ought to be discouraged, and
encouragement given for inventors to make all their
improvements known to the world. The skill and edu-
cation of the artisan was of the greatest importance,
and he earnestly recommended all to promote it to the
utmost extent.

Mr. DENNISON replied, and contended, at consider-
able length, that the patent laws were an obstruction
to improvement, and ought to be altogether abro-
gated. He also maintained that there was no
analogy whatever between copyright and patent right,
as many persons might, and often did, discover the
same means of improving machinery at about the same
period—whilst no work produced by one author pre-
vented another writing on the same subject, thougb, of
course, he could not be allowed to pirate the language of
another.

Mr. PROSSER maintained that patent laws Were neces-
sary for the protection of the inventor, and instanced that,
as a proof, inventors thought so too; that, since the new
law, came into operation, by which a patent could be got
for about 101., 3,000 had been taken out in one year ;
whilst previously, when the patents cost nearly 5001.,
they only averaged about 500 a-year. As a proof of how
little people knew of what patents 'were actually granted,
Mr. Prosser instanced the fact, that the American reap-
ing machine, about which so much fuss was made, proved
to be an English invention, which, not having been ap-
preciated here at the time it was patented, was after-
wards patented in America.
The discussion was then adjourned until Wednesday
next.

MADAME TUSSAUD'S EXHIBITION.—This exhibition
has just received the addition of the last surviving
daughter of King George 111., and Queen Charlotte,
the portrait model being a most excellent likeness of her
Royal Highness the Duchess of Gloucester. This figure
represents the royal duchess in her usual full-dress cos-
tume, black velvet, profusely decorated with diamonds.
The figure is admirably executed, and is highly credit-
able,to the artistic taste of the Messrs. Tussaud.
EXETER-HALL.—LONDON SACRED ELAIDIONIC SOCIETY.
—Mendelssohn's oratorio Elijah will be performed, first
time this season, under the direction of Mr. Surman, the
founder of the xeter-hall Oratorios, on Monday evening
next. The band and chorus will be considerably in-
creased, in order that due effect may be given to this
magnificent work. The principal singers are Miss
Birch, Mrs. Lockey, Miss Stewart, Miss Wells, and
Miss M. Wells, Mr. Lockey, and Mr. H. Phillips.
ROYAL Sono THEATRE.—Last Wednesday night an
amateur performance was given at the Royal Soho
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hands than those of Mr. B. Palmer ; and Deborah Dow-
lais found a most efficient representative in Mrs. New-
bery. All the remaining .characters were respectably
sustained, and the acting generally gave universal satis
faction to a crowded and most respectable audience.
CHINESE REBELLION.—One effect of the present ex-
traordinary revolution now taking place in the Celestial
Empire will, at least, be that of making the Celestials
divest themselves of some of those peculiar national pre-
judices with which they have always viewed our anxiety
to reciprocate with them more generally in articles of
commerce ; inasmuch, if we may believe statistics, the
supply of tea is considerably affected by the commotion
now taking place ; which circumstance, doubtless, has in-
duced them to try the experiment of exporting some of
their finest manufactured goods, for we find an entirely
new article in silk just imported from the City of Chin
Kiang Foo. Chin Kiang Foo is one of the largest com-
mercial cities in China, and of great importance in the
Empire, from two circumstances—its situation is adja-
cent to the entrance of Yangtse Kiang River, and the
entrepot for tlie whole of the northern trade carried on
between Japan and the numerous islands situated in the
China Seas ; again, Chin Kiang Foo is celebrated for
its silk manufacture. It is here that the Imperial
silks worn by the Emperor and his Court are manu-
factured, and also those of the civil and military man-
darins. The importation has been effected by the
firm of Thompson, Gordon, and Co., of Minn, and
consigned to Messrs. Nicholson and Co., Argyll Mourning
Warehouse, Regent Street ; who have named it the
CM Kiang Silk,. The silk, in our opinion, possesses
the most beautiful hue possibleforeabrlayikty;
ofin
such
sub-
stance it is far stouter than the generality
fabrics ; and a peculiarity, certainly unknown to manu-
facturers of Silk in this country, drew our attention,
namely,ithat the threadsare so woven as not to cut each
other—an imperfection much complained of in the silks
of the present day ; nor, from its elasticity, is it liable
to be crushed or damaged. Doubtless, the consignees
will meet with the usual patronage from the female
pertion of the Fashionable world during. the two years
, they have contracted with the Chinese agents to be
1 exclusively supplied with the fabric in question.—Post.