Clinch Valley news. [volume] (Jeffersonville, Va.) 18??-2019, 1890-06-20
PATENT RIGHTS
EXPLANATION or a TERM FIRE
QUENTLY SEEN.
The Origin OF Patents What G
Patent is = The Privileges
1t Grants, and How 1t
May be Lost.

The word "patcnt" means "open;"
and 1t was first made use Of to describe
the open letters, or "lcttcrs patent" by
which u sovereign granted to Il citizen or
subject monopoly of the exclusive use
or sale of any article.
The word is now, in sense not origi-
nally intended, applied to the secret of
an inventor which has by him been made
open to the whole public in consideration
OF right for limited period to make
and sell the thing invented.
The original patent was often for u
monopoly of commodity which the pco-
pie already freely possessed. The King
of England, for instance, granted to in
dividual subjects the exclusive right to
sell such articles us salt aud vinegar.
Such monopolies us this have been de-
clared wrongful in England and have
never existed in the United States. The
only patcntablc thing with us is Il useful
invention or discovery which has never
before been possessed by the people.
The theory of the patent right is this:
The inventor possesses n 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
light, for limited time, to make and
sell the thing which his invention covers
The patent, therefore, is simply con-
tract between the inventor and the peo-
pie, ill which the latter grant the former
the sole right for time to the profits
from his invention, in consideration of
having the free possession of the inven-
ton later on.
In this country patent lasts only sew
entecn years. After that time all are free
to make full use of the patented inven-
ton without payment of any fec or royal
ty-unless, indeed, the patent is ex-
tended by special act of Congress. This
extension is rarely granted, and only in
cases where it is held that the patcntee
has failed to get the benefit of his patent
The term of Il patent was formerly
fourteen years, and it was renewable by
the patent Office 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 misapprchension of the
extent and character of the privilege
which patent really grants. The Gov
eminent, in giving patentee the right
to the exclusive possession of his inven-
ton, does not undertake to guarantee
him in that right. The invention is,
during the term of his patent, his prop.
erty; but he must defend it before the
law in the SAME way that any other
property must be defended.
The possessor of horse, for instance,
even if he has bought and paid for the
animal, cannot keep possession of it if
some ether person can prove that it be-
longs to him. The holder of patent
may lose his right to it in several ways;
and if he does lose the right to it those
who have bought of him his commodity
have no more legal right to use it fur
ther, or to be Unidentified by the Govern
ment for the loss of it or its use than the
innocent holder of a 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 rs his secret
or invention. The patentec may have
used fraud in obtaining his patent or he
may be selling, as his patented article
something which is not exactly what his
application described.
If the Government should undertake to
guarantee to patentee, against all COM
ers, the exclusive right to and possession
of the thing patented, it would be grant
ing wrongful monopoly, because this
would be denial of the equal right of
all citizens to sue and be sued, and to
obtain judgments in accordance with
equity and right:
A Thing already freely made and used
cannot be patented. The right to use it
is common to all the people. And on
the other hand, the liability of the pur-
chaser of a patented article to lose the
right to use it, provided it is proved to
infringe some other PERSONS rightful pat
ent, is part of the defence of the equal
rights of all.-Youth's Companion.