New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1848-02-15

Inc present month furnishes ed1ltlOnt eFl1cnce
Of the crude and imperfect character Of practical
Legislation by representative bodies as At presen,
constituted and arranged and this evidence a.
sumes the form Of special reference to and com
mentsry upon the laws Of many nations relative TO
the rewards due TO the discoveries or inventors Of
things new and ornamental or useful.
Under the title Of Laws and Practice Of all Ma
tons and Governments relating TO Patents for In
ventions. Messrs Kingsley snd Prison, Patent
Agents have jast Published, at 3 Wsll-street, 4
200 page octave, containing the rules and proceed
ings relative to patents in England and her Colo
MES France, Holland. Austria, Russia, Prussia
Rome Spain, Cubs. the United States. &c. with
tables Of fees and forms and explas atoDs OF the
various operations necessary in procuring patents
throughout the world.
The compilers lay this claim TO originality in
their work, that it is the first book ever under
taken where ALL THE PlrEST LAWS SOW ~ FORCE
OF ALL GOVERNMENTS OF THE WORLD have been
presented" They have arranged the statutes or
rules carefully With suitable marginal readings
titles, and an index.
Ia England, the acknowledged pioneer country
"in the issue Of patents, as well as in the se-
acknowledgement Of the right Of the inventor 10 his
property Of discovery the patent laws, and the
proceedings for obtaining patents, are more com
pick or difficult to be understood than those Of any
other country that issues patents for invention
The right Of the Crown 10 grant TO the discoverer
or importer Of invention, the exclusive use, for
bis own benefit, is chiefly derived from the Com
mon Law.
If we are TO rely on the researches Of Messrs.
Kingsley and Prison. Congressional Legislation
on Patents is quite as clumsy and unscentiic as
that of Imperial Parliaments. Speaking OF the
United States Statutes on this subject they say,
that d" in fac. the laws themselves Though con
densed in 1896. and signed by James K. Polk,
w. Il. King, and Andrew Jackson the 18th Of July
seemed to be rather mass Of ideas crudely put
together, at least in some places, than well d.
gested system. That they are 30 is evident on
their face section after section is umbed up in
the most mystifying manner
Yet they admit that the law OF 1885 is one OF
progress and that although homogeneous, it has
placed the species OF property it was intended to
protect ON firmer basis than ever"
The rules and ordinances framed by the several
politicians who have filed the scientific chair Of
the eyes Of the compilers Of this work, who say,
lseemngly in contradiction Of their own remarks
on the English system.) that
"As the business Of tho Office progressed the Commits
sloners have found necessary 10 establish from time 10
time various rules relating thereto, until at length the
whole has grown Into systematic practice At once COM
oicate ard difficult 10 pursue; much more difficult and
aborous In fact, than the English practice Of procuring
patents"
Or, in other words, that the Legislature, unit or
unwilling to be troubled with framing laws that
would simplify the practice, converts executive
officers into depu.y.lawgivers the result of which
reference las in other branches Of law, is that in
ventors must employ scientific lawyers who are
professional patent agents, the whole course OF
procedure being so profoundly mysterious that
ca the great bulk Of the business, as is the case In
England, is confined to very few" Messrs
Kingsley and Prison do not omit to remind the
public of their own experience, skill, and research
in the patent agency line, foreign and domestic,
and their book will svoraby dispose toward them
many having that sort of business to be transacted
They think that a much better patent law could
be framed than any now extant.
Il" saw they we were 10 select the good parts from
all the several patent laws law could oe framed that
would much improve the condition Of the inventors OF the
time 10 our enlightened Judiciary. and less frequently be
the subject Of almost endless controversy at the bar and
finally make II much simple 20 procure good and
valid patents.
special standing Committee OF Congress
could call witnesses correspond with men OF skill
and experience refer to documentary evidence.
aud the proceedings Of the tribunals thus aided,
diligent and intelligent Committee would be ena-
bled TO report bill which all civilized peoples might
benefit by.
The proceedings in various nations, relative to
patents, as stated 10 the work before u.s. will be
referred to with advantage by inventors The ex'
penses in England are heavy. To take out patent
there costs 5000 to o., 900 800 or $500 more il
Scotland is included and another $500 for Ireland
The tariff of fees and schedule Of forms will be
found in the book and many inventors here, with
these drawbacks, may render their discoveries
more profitable TO themselves
"The Governments Of France and Belgium will not
Issue patents importers other perfous than the o-
nal inventors unless such importers produce powers
Of attorney from the inventors themselves, Authorizing
them 10 90 So.
France charges slOO for five year patent $500
for ten years $500 for fifteen years-payable in in
s,slments OF $50 year. Belgium is more moderate
So are the Dutch. Prussia charges very trfng fees
Russia will grant Il patent for an imported inven-
ton for year, at $50 or for 6, a, $3.50. patent
for Cuba costs $3.50, $500 or $50, for 8, TO- or Is
wears privilege. subject to the DEGREES Of Spain.
In getting patents in this country. the conPilers
lay great stress upon the specification which they
call he backbone Of the privilege. They admit
that an inventor may expose his Improvement to
the public without any abandonment OF il, but they
give several strong reasons why he ought not to do
so till be has secured patent right
We have heard men OF great intelligence who
had invented things valuable, and been hsrassed
with prosecutions, repeatedly affirm that the mys
terry litigation trouble uncertainty and hindrsnce
constituted drawback which ninetenths Of inven-
tors would abandon their claims rather than be
subjected to- Messrs X. and p. advise an inventor,
when be is obliged TO resort 10 the aid Of CAPT
talists, to make fair arrangement with one for a
par, ownership"