The Portland daily press., 1888-02-24
PATENT RIGHTS.
Mr.. s. W.. Bates's Lecture In the
Mechanics Course.

Mr.. S. w. Bates's lecture on Patent Rights
in 1.-THE Mechanics course last evening, was
highly interesting to the large audience pres
ent Mr.. Bates said in substance:
1t will be my task tonight to briefly sketch
the history of patent laws, and to set forth
to you as well as l am able, in the limited
time allotted TO me, the vast influence which
the patent system has had upon the progress
of our country in all the arts Of civilization,
the means by which these results have been
attained, and finally to call your attention to
some influences which are at work in various
directions to undermine this protective code
of laws and to make them void and OF no ef-
feet.
Let us endeavor, in the first place, to get
comprehensive idea Of the nature of the pa
tent right and to clearly understand what
that protection is which the patent laws af-
ford to inventors. A patent Of invention is
a grant by the government to the inventor
of a new and useful machine, art manufac-
ture OF composition Of matter whereby the
inventor Is accorded the exclusive privilege
of making, using AID vending anything en-
bodying the invention for a term of seven
teen years. The patent right Is IN tne ma,
ture of a contract between the inventor and
the public, and like all other contractsthere
is valuable consideration on both sides. Gu
the part of the sgovernment, or the public,
for the government acts for the public, 1t Is
agreed that the inventor shall alone enjoy
persons infringing on the patent right may
be sued in the courts Of the United States
and enjoined from using 1t or made to ac-
count to the patentee for damages. On the
part of the inventor. it is agreed that he will
operate the invention during the term Of the
patent, that the public may have the privi-
lege of enjoying 1t, subject to his consent, il
1t is so disposed, and that at the end Of the
term he will allow the public the free use of
it forever. To insure the carrying out of the
los nj nf thfc ha inv for
must deposit in the Patent Office, to be
placed on record, tull description of his in
vention, illustrated, If possible, by drawings
and setting 1t forth in such full, clear and
exact terms, that at the expiration of the
term any person skilled in the art to- which
the invention pertains, can make and use 1t
without other aid than that given by the
patent itself. The theory of the law and. as
1 shall endeavor to show further on, its effect
is to encourage ingenious persons to devise
inventions not before known, and to fully
disclose them after they are invented or de-
vel0ped in the mind, to the end that the pub
lie may have the opportunity TO use them
during the term of the patent with the con-
sent OF the inventor and at the expiration OF
this term, without his consent. The law
recognizes the products of mans ingenuity
as a species of property, which, in consider
alton of the enjoyment OF that property
which it secures to him, he is obliged to
share with the public.
In glancing over the history of the world
we find that different ages have certain PEI
culiaritieS which give marked character to
the time. Thus we have the age Of chivalry,
the age of literature, etc. We are living to-
progress. We are passing through an age OF
Invention. The lecturer traced the history
of patent laws from the time when the Eng
lish crown granted trade and patent monop-
olies to favored subjects. The present pat
ent system was inaugurated in 1886, at which
time the Office of Commissioner of Patents
was created and Patent Office established.
From four hundred and thirty-six patents
granted in 1887, the number has steadily in
creased to twenty-one thousand four hun
dred and seventy-seven. Up to the present
time there has been the enormous number Of
57S,147 patents issued. The great growth of
our country in wealth and in all the manu-
featuring industries has been attributed to
our high tariff system, to our common
schools and to our free institutions, but the
influence of them all combired fades into in
significance when compared with the intiu-
ence of the patent laws. 1t is difficult to
think Of any object which we use, or buy, or
possess which Is not in some way the sub
ject OF one or more patents and thus the out
growth OF the patent laws.
The speaker then showed by many illus
trations how extensively patented articles
entered into everything which we use. He
sketched quite fully the history of the man
ufacture OF pulp ware as an industry having
its origin in Maine, illustrating the present
method of producing the goods
Edward Atkinson has pointed out that the
wages OF labor have slowly increased for the
last 20 years or more, not in the actual
amount of money which he mas received, but
reckoned in the purchasing power of dol-
lar but he has not emphasized the fact that
this result is due to the increased prodnc-
tiveness Of labor brought about by patented
machinery. 1t has been claimed that II the
patent laws were not in force taat the inge-
| nuity of the Yankee would assert itself
| lust the same and that inventions would
| still go on, but reason and investigation
| tents which are worth anything are brought
| forth only after the expenditure Of much
| time and more money, and it Is absurd to
| suppose that men will continuae to invent
new devices if they are liable to be seized up-
on as soon as perfected.
There is a wide feeling of discon-