The aegis & intelligencer. [volume] (Bel Air, Md.) 1864-1923, 1890-05-02
misle1I a11en11s.

The word "patent" means "open ;" and it
was first made use otto describe the open let
tiers, or "letters patent" by which sovereign
granted to citizen or subject monopoly of
the exclusive use or sale OF any article.
The word is now, in sense not originally
Intended, applied to the secret of an inventor
which has by him been made open to the
whole public in consideration of a right for a
limited period TO make and sell the thing
invented.
The original patent was often for mono
poly ola commodity which the people al
ready freely possessed. The King of Eng
land, for instance, granted to individual sub
Jects the exclusive right to sell such articles
as salt and vinegar.
Such monopolies as this have been declared
wrongful in England, and have never existed
in the United States. The only patentable
thing with US is a useful invention or dis
covery which has never before been possess
ed by the people.
The theory of the patent right is this
The inventor possesses secret likely to be
useful to the people, which secret he reveals
| freely to the Government, for the benefit of
the general public. In return for his service
in revealing his secret, the Government
grants him the exclusive right, for limited
time. to make and sell the thing which his
invention covers.
The patent, therefore, is simply contract
between the inventor and the people, in
which the latter grant the former the sole
right for time to the profits from his inven-
ton, in consideration of having the free pos
session of the invention later on.
In this country patent lasts only seven
teen years. After that time all are free to
make full use of the patented invention with
out payment of any fee or royalty-unless,
indeed, the patent is extended by special act
of Congress. This extension is rarely grant
ed, and only in cases where it's held that the
patentee has failed to get the benefit of bis
patent.
The term of a patent was formerly fourteen
years, and it was renewable by the patent Of
flee for seven years more. This privilege of
extension by the patent Office was abolished
in 1861, and the term made seventeen years.
There is much misrepresentation of the ex-
tent and character of the privilege which a
patent really grants. The Government, in
giving patentee the right to the exclusive
possession of his invention, does not under
take to guarantee him in that right. The
invention is, during the term of his patent,
his property but he must defend it before the
law in the same way that any other proper
ty must be defended
The possessor OF a horse, for instance, even
if he has fought and paid for the animal,
cannot keep possession of it if some other
person can prove that it belongs to him.
The holder of patent may lose his right to
it in several ways; and ifhe does lose the
right to il those who have bought of him his
commodity have no more legal right to use it
further, or to be Unidentified by the Govern
ment for the loss of it or its use than the
innocent holder of stolen horse has to be
protected in its possession.
1t is possible that some other person may
prove that he was in advance of the patentee
In the possession or use of what the latter
has claimed as his secret or invention. The
patentee may have used fraud in obtaining
his patent or he may be selling, as his pat
ented article, something which is not exactly
what his application described.
If the Government should undertake to
guarantee to u patentee, against all corners,
the exclusive right to and possession of the
thing patented, it would be granting wrong
full monopoly, because this would be denial
OF the equal right of all citizens to sue and
be sued, and to obtain judgments in accord
ance with equity and right.
A thing already freely made and used can
not be patented. The right to use it is COM
mon to all the people. Add on the other
hand, the liability of the purchaser of a pat
ented article to lose the right to use it, pro-
Vlded it is proved to infringe some other per-
sons righttul patent, is part of the defence
OF the equal rights of ALL