Idaho news. (Blackfoot, Idaho) 1887-1891, 1891-01-24
PATENT RIchn
ssas Useful Tnformation Regarding This
Much Misundsratana subject.


The word patent" means ''open;n
and 1t was first made use Of 10 describe
the open letters, or "letters patent. by
which sovereign granted TO citizen
or subject a monopoly of the exclusive
use or sale Of any article.
The word is now, In q 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 right for limited !
period to make and sell the thing in !
vented.
The original patent was often for a
monopoly Of a commodity which the
people already freely possessed. The
king Of England, for instance, granted
to individual subjects the exclusive
right TO sell such articles as salt and
vinegar.
Such monopolies as this have been
declared wrongful 10 England, and have
never existed in the United States.
The only patentable thing with us is
useful invention or discovery which has
never before been possessed by the peo-
pie.
The theory Of the patent right Is this:
The inventor possesses q secret likely
TO be useful TO the people, which secret
he reveals freely 10 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 q limited time,
I TO make aud sell the thing which his
invention covers.
The patent, therefore. Is simply
contract between the inyenor and the
people. In which the latter grant the
former the sole right for time to the
I profits from this invention, in consider
alton Of having the free possession of
the Invention later on.
In this country a patent lasts only
seventeen years. After that time all
are free 10 make full use Of the patented
invention without payment Of any fee
or royalty-unless. indeed. the patent
Is extended By special act of congress.
This extension is rarely granted, and
only IN cases where II is held that the
patentee has failed TO get the benefit OF
his patent,
The term Of patent was formerly
fourteen years. aud ii was renewable
by the patent Office for seven years
more. This privilege Of extension by
the patent Office was abolished in 1861,
aud the term made seventeen years.
. There ismuch misrepresentation Of the
extent aud character Of the privilege
! which patent really grants.
The government, in giyinga patente'
The right 10 the exclusive possession o
his invention, does not undertake Il
guarantee him III that right. The in
/ yention is. during the term Of hi
j. patent. his property; but he must de
G iend il before the law ia the same wa.
{ that any other property must be de
Tended.
. The possessor Of a horse, for IN
I stance. even IL he has bought and PAL
|, Tor the animal. cannot keep possession
!. If Il Il some other person can prov
a that it belongs TO him. The holder G
/. a uatent may lose his right TO it
a several WAYS; and IL he does lose Oh
. rlrht TO II, those who have bought {
him his commodity have no more rigt
n 10 use IL further or 10 be iudentite
., bvmhe government for the loss Of it {
rs use than the innocent holder OF
Il stolen horse has 10 be protected in ]
x possession.
\. Il is possible that some other perso
= NAV prove that he was in advance
= the patentcc in the possession or use
what the latter has claimed as b
y secret or invention. The patentee ms
~ have used fraud IN obtaining b
patent; or he may be selling. as b
a patented article, something which
I'd not exactly what bis application d
~ scribcd.
W II the government should undertal
10 guarantee to a pateutec, against
.iv ccmers. the exclusive right TO and pc
session Of the thing patented, II won
be granting wrongful monopoly. Y
cause this would be a denial OF Z
equal right of all citizens to sue and
a. sued, and to obtain judgments IN q
y eordance with equity and right
We A thing already freely made and VS.
cannot be patented. The right to u
il Is common to all the people Al
-. on the other hand. the liability oil :
az purchaser of patented article to 10
IN ,he right TO use it, provided it Is prov,
OF TO infringe some other persons rlg'
81 full patent, is part Of the defence
e Ii The equal rights of al.-lo'stas 20
amman