Evening star. [volume] (Washington, D.C.) 1854-1972, 1891-04-08
COMMISSIONER MIrcHELL's ADDRESS.

1.-THE patent SYSTEM" said Commissioner
Mitchell, had its birth in a statute against
monopolies. That statute was enacted by a
British parliament to sustain the British throne.
From the earliest times the right to grant ex-
elusive privileges had been asserted as a royal
prerogative. Sometimes the power had been
exercised beneficently. With vastly more fire.
quency it was employed to bring in revenue to
the royal offers. more and more az the SOW
ereign struggled to govern without the aid Of
parliament. The power was abused and per-
verted until the days of Elizabeth monopolies
were conferred upon favorites of the court. ex-
tending to the most ordinary article of CON-
merce and consumption. In aid Of these il
legal monopolies, arbitrary powers of search
were granted, and heavy penalties were in
hicted upon English merchants for engaging in
occupations which had been Of common right
for centuries. OF course such tyranny could
the famous statute of James was
enacted destroying all illegal monopolies by q
single stroke, and declaring that in future all
patents should be to inventors of new manu-
features. and to them only for a limited time.
1t is to this statute that legal writers ascribe
the modern patent system. 1t is true that the
statute OF James was declaratory OF the COM
mon law as it was understood by the judges; 1t
is true that after its enactment the king g
pleasure was still, in theory, the source where
the grant proceeded; it is true that subsequent
monarchs chafed under its restrictions and at
times even trampled them under foot, but,
nevertheless, in O large way and in q very vital
| sense the patent system had its birth in the
remedial statute of 1923. Imam hour of moral and
political exaltation England had declared that
odious monopOlies should cease and that pat
| ents for inventions should be granted. That
declaration has been law to the present hour
And it should never be forgotten by the friends
statute which restored the freedom of estab-
lished industries to monopoly ridden England
created also the modern patent system and
placed it on an enduring basis In justice and
public policy.
EARLY HOSTILITY TO INVENTORS.
"But although the patent system ia ascribed
to the statute Of 1923, its administration was
dong pervaded by spirit hostile to inventors.
The benefactor Of the public had to crawl be-
fore the king as q suppliant for favor. II his
bringing was successful, his patent was granted.
but he was dismissed with the poor privilege of
proving the novelty Of his invention as best he
could. The patent was not even prima facie
evidence that the patentee had made an inven-
ton. When 1t came into court it was construed
in technical spirit, spirit which assumed
everything in favor Of the crown and nothing
in favor of the subject, and it is hardly too
much to say that some Of the earlier decisions
in patent causes betray a temper that would
have better befitted a permit to sell gunpowder
in the streets OF London.
''In view Of this judicial hostility, which robbed
the law Of it's benefcence and Transformed the
statute into an ambuscade, it Is no wonder that
for hundred and fifty years scarcely more
than one thousand patents were granted. II
could make but little difference whether pat
ents were denied or, having been granted, were
denied protection.
THE TURN OF SENTIMENT.
"But Q more enlightened sentiment devel.
oped. Watt had harnessed machinery to
steam and Arkwright had harnessed spinning
! TO machinery. The patent to Watt, granted in
| 1853, had been extended by an act OF par
lament In It's and had run unscathed the
gauntlet Of the judge. Patents were granted
with increasing frequency and the useful arta
| received a mighty impetus. Powerful infring,
| ers sought to trampIe upoa the rights Of pat
entees and Law suits followed that we're fierce
40 battle fields. Judges began to regard In
vsntors not - recipients Of royal favor, but "a
! public bensfactors worthy OF the worlds great
| prizes. Then came those days, memorable tn
| Judicial annals, when jurists who were In
touch with human progress discussed anew the
! relationship OF the inventor TO the public,
| aud, as il they had gotten foregleami
| Of new industrial era, laid down those broader
! and more generous principles which have be-
come the foundation and framework Of the
| patent law. The statute Of James followed the
Maydower across the ocean. In the year l6li
the general court Of Massachusetts, bay granted
! . patent 10 Samuel Winslow for method q