Evening star. [volume] (Washington, D.C.) 1854-1972, 1891-04-08


"Mr. Chairman and Ladies and Gentlemen
1 have been requested by the committee which
has charge Of the ceremonies of this celebration
Of the beginning of the second century Of the
American patent system to address you on the
subject of A Century Of Paten: Law As We
derive the principles of our statutory and ad'
ministrative patent law from England it seems
proper to regard the subject as covering En-
glish patent law to a certain extent"
Justice Blatchfor6 then sketched the prog.
ress of paten. law in England. Prior to an
English statute passed in 1923, entitled IAN act
concerning monopOiies and dispensations with
penal laws and the forfeiture thereof" com.
monty called 1.-The statute of monopolies," il
was customary for the king to grant exclusive
privileges or monopolies to individuals accord
ing to his pleasure, ana not because Of any
claim to prior invention or discovery. Edward
III even granted 10 two persons a patent OF
privilege for the sole making OF 1.-THE philoso.
piers stone" and patents were afterward
granted for the sole manufacture of playing
cards and for an exclusive right to sell various
necessaries Of life. But the statute Of monopo-
lies did away with all this sort OF thing and
monopolies were abolished As contrary to law,
excepting grants to the inventors Of any man
ner Of new manufacture Of the privilege Of
working the same.
PATENT Law IN ENGLAND.
"For many years after the passing OF this
statute" Mr.. Blatchford continued, "the arts
and manufactures continued in low state in
England, and few Of the inventions patented
were Of any value. Until the reign of George
III the law reports are almost entirely silent
respecting patent privileges, and almost the
only case reported during that period is that OF
Edgeberry and Stephens" In this case it was
decided that priority of invention or discovery
in England only was necessary to secure q
patent.
.'Since that decision it has been the uniform
practice in England TO grant letters patent to a
person who introduces an invention not used
before within the kingdom, and parliament has
repeatedly recognized the principle by grant
ing exclusive privileges to such introducers.' "
James Motifs inventions tending to the per-
lection OF the steam engine were followed by
considerable litigation resulting in numerous de-
eat law. Referring topresent patent law abroad
the speaker said: The statutes which now reg
ulate the granting Of patents in England are
those Of August Is, 1883, and December "a,
1888. 1t is not necessary that person should
be a British subject to apply for q patent The
application must state thatthe applicant is in
possession Of an invention Of which he claims
to be the true and first inventor. The word
inventor in these statutes covers an intro
Queer.
The acceptance of the complete specification
is to be advertised, and any person may, within
wv uonsiAo sAaSAS"AsSis SAsS AosSS ~ VAC Poechs
Office that he opposes the grant Of the patent
on the ground that the applicant obtained the
invention from him or from person of whom
he is the legal representative, or on the ground
that the invention was patented IN England on
an application Of prior date, or on the ground
that the complete specification describes or
claims an invention other than that described
in the provisional specification. and that such
other Invention forms the subject Of an appl-
cation made by the opponent in the interval
between the mailing OF the two specifications
The patent IL 10 be granted for fourteen years.
but Il 10 cease II certain fees are not paid
within specified times
AT Least ak months before the time limited
for the expiration Of the patent the patentee
may apply for an extension, which may be
granted ON . favorable report from the juciciai
committee Of the privy council for further
term not exceeding seven or, In exceptional
cases, fourteen years, and . patent may be
vacated by court on certain SPECIALIZED
grounds."
+ rHK PnAcTIcE N AHxRrcA.
Passing TO the history Of patent Law in
America Mr.. Blatehford vent on: The first oct
Of Congress ON the subject vas that Of Aprf 10.
l7s0, entitled AN act to promote the progress
Of useful Arts.' This provided for The grant
ing Of patent 10 the inventor or discpversr Of
any useful art, manufacture, engine, machine
or de vice or any improvement therein not be-
fore known or ussd.' A written spec16cstion
with drawings and, IL admissible, . modal vas
required No examination e 70 the Aovslty
tCoMejNusd o. GixA Pa0e.l