New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-03-12
PATENT La W REFORM.

PATENT system 10 INVENTORS, TO MANUPaC-
TURERs. AND OTHER BRANCHES OF INDUSTRY
DIFFERENCES. BETWEEN TIE ENGLISH AND
AMERICAN LAws-sUGGEsnONs FOR IMPROVE
MENT.
At the Cooper Institute last evening a con.
siderable audience gathered purpose Of hearing
James A. Wbitney's lecture on American and British
Patent Law Reform delivered before the Polytechnic
Association OF the American Institute. Addresses were
also made by the President Dr. J. " C. Smith. DR.. Van
Der weyde J. b. Wolf and others Following Is an alb
stract Of the lecture by Prof. whitney
Tho state OF It's industrial arts Is the truest index
the civilization Of any country. Through them human
ity brings itself and In accordance with tho
laws OF the Infinite. That nation must advance most
far and fast in which the popular intellect Is most active
in discovering applications Of natural forces. ard
In aiding suppantiDg the labor OF human hands To
this activity appeal must be made u indiyid
ual sefinteres In the middle and remoter ages, tho
favoritism OF princes gave ffu to In
ventions and sklful work, and from this, taking
the form occasionally OF exclusive right TO prhc-
tlce tho improvements, sprang the practice OF
granting patents Until 1922 these grants 10 England
were made by special knoly favor but In that year In
the Statute Of MoBOpoes Parliament expressly recos.
nzed the issues OF patents for inventions on GROUNDS OF
public policy IL is placed by the Eogn courts 90 tho
ground OF a contract between the public and tho
paentee each is held 10 mutual good fab-the one
TO protect the INVENTOR the other 10 make DE
beneficial and pubic These principles embodied IN
tangible formulas and enacted into positive law, nave
been melting OF the industrial progress OF no
past $50 years Toe AnGlosaxon race has become race
Of inventors meehanc.an, ana En6ia"d nwsber
greatness IN peace and and our own people tnsr
RAPID groyn aaG passage apSeon said England
Quered not by her arms, but her spinuies pu, nes
81 Sa ann he wa, melted by the promise
hope OF reward. James Watt would have faen out ior
Bonton's aid, induced by share in his patent Car,
wrignrs weaving machine Dudey's success In 1871 IA
making iron with pit coal Phnce kupe5ss m ,ta a
show men urged to their efforts by promise OF suosdn-
tla profit and not by an empty desire OF praise;
Mr. Whitney said that he made these preliminary
statements TO a consideration OF British patent law re-
form, because Sir William Armstrong. who had ACQUIRED
rank aud fortune from inventions not made by MN nad
denied that inventions were beneficial to the STATE ana
Mr. Mcas naa asn wou Ihe be mae 10
these two was due an agitation OF the british pa'ens
excited so successfully the exerons OF English meehan-
iciins. The principles had had the same snecs III
toward and Robert Fulton's success IN steam nayga-
ton results Of the patent system 10 the miro
dses old usases and dculties 70 be exper
ments and outays TO be made Generally the inventor
has not capital for this, and must seek ald from
Others Who would venture such assistance WIN no
chance for return And the inventor eb mas me
edge that all his success would be appropriated by
others who had contributed nothing " 1T No man
will SOW k1Owing that another Will reap.
Industry science. the household, the farm the work
laws The sewing machine. the electric telegraph tho
reaper aud mower, and the seeding aud planting
machines would never have heard OF but for them.
The striking contrast between North and South be-
fore the war illustrated the Importance Of Inventions
In the North patents appreciated and enconIagec had
built up manufactures population and agriculture In
the South. where they were neglected the popullton
scattered aud the cities we're entrep0t for transp
meni. The first question, whether patent laws are
benefit fully answered by the experience oil tue race
The second question is as to changes In the laws to
| insure their more effective working. English law Is
strict IN It's requirements concerning tue anu a.
crptiOn OF Inventions than American. broader 10 /
definition Of the word invention In England there
are no preliminary examnatlons here they are often
carelessly cautiously made There no models are re-
qured, but fees are high here lees are moderae ou
the model often makes the expense as great or
greater. In England the inventor taxes the respousl
bity OF his work being patenabe subject to the decision
of the courts In America the Patent Office nrst exam
and decides, and even encroaches upon the prov
different thing The fact that a strong effort is likely
to be made TO effect radical changes In the Amer
has been "a. T.
in either country has an interest In the laws OF ooh
The wording Of Section "a OF the United states Law oi
practical Improvement In any art or industry But the
courts and Patent once NAVE aTe m lro
protection. The substitution OF article for anotne
as porcelain metal in door knobs Is declared mat
package OF jelles rejected on the same plea NJ
rhad be Excluded from protection Tho
English bench has declared that Increased utility, In
an oil flame to remove loose hOers from lace. sub
ject for patent and the subs uon Of one sheet metal
for another. for sheahing suips, was worthy Oh pro-
to broaden ITS Interpretation back to the original
standard, that any improvement may be secured 10
It's inventor or the So patent laws VI the world 10.
snSect II saws The word Invention shall include AN
imprOyement. The word manufacture shall DO deemed
preparing or making an article, and also any article
prepared or produced by manufacture"
Reform in the treatment OF applications must como
from change in the and from -mer discipline IN the
Patent Office. higher standard OF requirements aud
efficiency In the examining staff, aud ratio OF remu
neration that will make 10 object 10 the most eincient
OF examiners to remain permanently IN the Patent
POSITIONS elsewhere. The system of models should DO
swept away 1t not ued IN ns an e
scrpons all that necessary to render the nature
terms " invention" aad improvement" the dong
away with the requirement OF models and the clear ana
acknOw lodged subsection OF the Patent once 10 tnc
courts will frame our patent laws Into system haynx
OF merit and less OF defect than those OF any other
closed. be made secret Otherwise there Is 10 guarantee
t tass Of the descriptions Of inventions whn
they contain, apply for patents on those III.
familiar with Patent Oce ars advocated The plan OF
doing away with the system Of examiners ~ this conn
try He, personally believed that Its retention was the
least of two evils but his long familiarity with the
workings OF the system had convinced him that Is
IL had not la ken root afford TO adopt
the British stem OF dispensing with examiners than
they could ait ird introduce them. Tnc restricting
effect OF the examining system Is frequently shown oy
the narrower scope OF an American patent ny con-,
parson with the l. lgsh the same Invention; An
innovation proposed by new bill brought fO ara ny
the Lord Chancellor OF EOgand Is the granting o soo
patents for VI years ana some patents io
OF IA The term OF years Is to be accoraSg
to the utility OF invention, which Is 10 la deciied Dy
examiners assisted by referees. Toe DILL further pro-
yides that the patent NAY be revoked NJ auy,
time after years succeeding is issue, IL
the patentee has not put the invention
In practice-or providing licenses are necessa, 10 its
on-if licenses not granted on terms CON
sidered reasonable BY the Lord Chancellor How IN,
Lord Chancellor would be able to decide on the value
q license appear IL 10 hardly possible tnN
scheme impractlcabe this should receive tue az
prevail OF the British Parliament the sanction Of tno
British industrial public With all its defects the pre-,
cut law l. "a hundredtod better and IL Is inattero'
qualification that the projected Dill meets with the DE-