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The journal of design and manufactures
(1851)

[Original papers:] Coming reform of the patent laws.,   pp. 83-87


Page 83

"Observe with regret that no security is given by the recent Act for
protecting 
patent right in machinery or important inventions, and resolve, that Her
Majesty's 
Commissioners be requested to use every exertion for extending the privileges
of the 
Act to mechanical and other inventions." 
The Marylebone Committee "have ascertained that many valuable inventions
are 
likely to be withheld from the Exhibition, unless some security be given
to the Inven- 
tors that their interests will be protected from piracy, pending the completion
of 
arrangements for taking out patents. The Committee are of opinion that a
short 
Act of Parliament might be passed to attain the desired object, having reference
expressly to articles sent to the Exhibition." 
The opinion of the Exeter Committee is, "that full protection ought
to be given 
to all newly manufactured articles sent to the Exhibition of 181 : such protection
was expected, and this Committee hope that the General Committee will exert
them- 
selves to obtain the protection required." 
"The Executive Committee for the city and county of Edinburgh, and the
coun- 
ties of Haddington and Linlithgow, regret to find the above Act does not
extend to 
mechanical and other important inventions, and they trust that even before
the Exhi- 
bition takes place, such alterations in the law will be effected as will
admit the pro- 
duction of many inventors, who are now prevented from making public the fruits
of 
their ingenuity by the difficulty and heavy expenses attendant on securing
a patent." 
Falmouth and other places express the same sentiments, and we expect, 
before long, to hear, not only that Committees generally have come forward
with 
resolutions, but that everywhere they are preparing petitions to Parliament
for 
a reform of the whole system of patents for inventions, to be presented the
instant the Legislature assembles. Indeed, this larger object, if accomplished,
would amply provide for the protection of articles exhibited. Hitherto the
attempts to reform patents have failed, because they all proceeded on the
basis of amending and patching up a system itself radically fallacious. It
is 
contrary to the dictates of commonsense, that an inventor, who may be a 
benefactor to his country, should have to petition for acknowledgment of
his 
right and for protection against the robbery of it. An inventor, who is a
highly skilled I=bourer, has surely as much right to the results of his labour
as 
a lesser skilled labourer, who only digs in the field ; but the latter is
not com- 
pelled to pray for the recognition of his obvious and natural right. It is
only 
when monarchs are absolute over life and property, that men have to crave
the recognition of such rights; and we shall find that our system of patents
is 
but a remnant of the barbarism of the twelfth century, which neither in its
principles nor its details will bear the daylight of investigation: sooner
or 
later it will end by inventors obtaining a recognition of their rights by
a simple 
and cheap mode of registration of them. 
But the investigation must come first, and the public will now perform the
operation for itself, and not leave it to be done for them by lawyers and
patent 
agents, who, like Sancho Panza in scourging himself, are most considerate
and 
merciful towards a system by the vices of which they thrive. It is a hopeful
sign that we find so popular a writer as Charles Dickens, who is no patent
agent or lawyer, turning his attention to this question of such deep interest
to 
manufacturing industry, and appealing to his jury of a hundred thousand 
readers on behalf of the rights of Invention. 
In a number of Hoysekold Words, just issued, we find "A Poor Man's Tale
of a Patent" told so feelingly and graphically, that if it be not genuine,
there 
is hardly another man in England but Charles Dickens himself that could 


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