Evening star., 1902-08-21
AMERICAN PATENTS
--
From English Monopolies
Grew an Inventive System.
OUR METHODS COPIED
WHY THE UNITED STATES BE-
CAME A GREAT NATION.
Japan Detected in Patent Law the
Reason for the Prosperity of
the Western Republic.
OUR METHODS COPIED

The origin and development Of tho nata,t
system is Interestingly told by Mr. Story
b. Ladd Of the census bureau I'm a recent
bulletin prepared by him. Patents are the
offspring OF monopoly
The patent system of England saws
MIR. Ladd. had its origin in royal grants.
10 favored subjects. of monopolies I'm trade
OF manufacture The evils arising there
from became most oppressive during the
reign of Elizabeth. under whom the most
common articles of consumption were subj
jects of monopolies. In 1903 James / upon
his accession. rescinded all such exclusive
privileges restricting domestic commerce.
the foreign commerce still remaining under
the control Of the great merchant compa-
MES. Finally. in 1922. the statute against
monopoles was enacted. which, sweeping
away all monopolies granted
Ihe sole working or making of any
manner or new manufactures within this
realm. TO the true and first inventor and
inventors of such manufacturer which
others at the time of making such letters
patent and grants shall not use. so as also
they be not contrary to the law nor mis-
chievous to the state. by raising prices of
commodities at home or hurt Of trade or
generally inconvenient'
English Courts Against Patents.
Patents were early construed by the
them: but in the course of time. through a
series Of judicial decisions the law was
broadened and expanded. Prior 10 the
nineteenth century the number of patents
granted in England was comparativcly
few, and. as in the United States IL is only
within the last half century that the num-
ber OF patents has assumed large propor-
tons. The number of patents granted i'm
the six relgns preceding that of George III
was only 80 i'm e!ghty-five years on an
average of fraction over six per year.
Prior to the adoption Of the Federal
Constitution patent rights in this country
rested upon the statute of James |. and the
rights and remedies recognized by the
common law before the enactment Of said
statute. few patents for inventions were
granted by the provincial governments OF
the American colonies, and by the legisla-
lures of the states. prior to the adoption
of the Federal Constitution. though 1t
should be remembered that during the coll
onial period invention was stified by the
fixed purpose of Great Britain TO prevent
and suppress manufactures in the colonies
and to foster and encourage manufactures
at home.
First Grant in Colonies.
1.-The grant of l6I1 appears to have been
the first made by any of the colonies for
an invention. though IL is by no means GER
tain that the method was an invention. 1t
may have been an importation of pro-
cess. in many cases special privileges
were granted to secure the establishment
of new Industries in the colonies. IL this
is the case, the patent to Joseph jerks or
1916 is the first patent granted to an In
yentor in America.
NO patent for an invention was granted
by the provincial government of this col
ony. In the patents to Oliver Evans Of
17SS and 1889 the state reserved the right
to abolish the exclusive privilege upon the
payment of f2opo: and the grant to John
Young in 1871 provided that the state pat
ent should be void in a patent was
obtained from the general government that
covered the state. this being subsequent 10
the United States patent act of 1870.
Origin of Modern Law.
"In 1913 a new patent act was passed.
which, with certain amendstory acts, re-
mained in force until the act of 1896. when
the patent system. virtually II exists to-
day. was established. Prior to 1885 there
was no critical examination of the state
OF the art preliminary to the allowance
of a patent application. Since the act OF
1896 there have been various enactments,
modifying and improving the law in mat
ters of detail: in 1899 inventor was
given the right to his invention prior
to applying for a patent therefor for
period not exceeding two years; In 1851
I he term for a patent. which had been four
teen years. was increased to seventeen
years. and extensions were prohibited eN-
cept as to patents granted prior thereto,
and in 1870 the patent law was revised
and amended; but I'm its sal
ent features the patent system of today is
that of the law of 1886.
japanese Wanted Patents.
when the japanese government was
the establishment OF patent
system which was created by their patent
act of March l. 1899, they appointed Mr..
Takahashi a special commission
er and sent him to the United States to
gather the data obtainable in regard to
our patent system as practiced at that
date.
'.Mr Takahashi was In Washington SOW
eral months. diligently prosecuting his In
The commissioner of pat
ents directed that the officers should give
him every facility within their power IN
aiding him to facts within their knowledge.
and also presented him with copy Of cv-
cry publication, circular. notice, etc. ever
issued by the office, in so far as available
at that time
''The examiner of designs at that date.
DIR. p. Il. Pierce. gives a most interesting
of Mr.. Takahashi's many inter-
interviews one day the examiner said to
him: Mr.. Takahashi, 1 have answered
many questions asked by you: would you !
object TO answering single question which
would like to put to you!
Cause of Greatness.
THE Japanese commissioner at once IN
timated his readiness to grant any favor
that might be requested
"'Well, said the examiner, 4 would like
to know why it is that the people of Japan
1esire to have a patent system
II will tell you,' said Mr.. Takahashi.
You know 1t is only since Commodore
Perry, in 1854 opened the ports of Japan
to foreign commerce that the Japanese
have been trying TO become A great ma
ton. like other nations of the earth. and
we have looked about US to see what ma
lions are the greatest. so that We could be
ike them; and We said. There is the
United States. not much more than a hum
ired years old, and America was not dis
covered by Columbus yet 400 years ago.:
and we said, What is il that makes the
United States such a great nation?' And
we investigated and we found IL was pat
ents and we will have patents
Other Systems Modified.
THE examiner, in reporting this inter-
view added: Not in all history is there an
Instance of such unbiased testimony to
the value and worth of the patent system
as practiced In the United States