r challenge," we can say this much :-" It may be madness, yet there's method in it." The gulph between the ideal and the practical is not greater than between this scheme and a useful enactment for the regulation of labor; yet it has—in common with a vast number of the inventions it is designed to protectthis desirable property, viz.,—that if it could only be made to work, it would be of great public advantage. In leaving others a clear field to accept the above challenge, we are not unconscious of the chances of obtaining lasting honors that we relinquish; but if the world, at present, possess a second Solon, willing to display his legislative wisdom (and when in history has not ability been forthcoming at the pinch), we should be sorry, in the least, to pale his glory with our competing light, or cause one leaf to wither in his wreath of laurels. ON THE AMENDMENT OF THE LAWS RELATING TO OUR recent remarks upon, and suggestions for, the amendment of the Patent Laws, have been responded to with an earnestness which has somewhat surprised us; for, independently of the lassitude which inventors have ordinarily exhibited on the subject (arising, perhaps, from a conviction of the hopelessness of obtaining redress), we might not unreasonably have supposed thatinstead of a question of so uninviting a character, even to those whom it concerns in a pecuniary way, commanding ordinary attention—the excitement created by the fall of dynasties, and the rise of democratic power, would have wholly absorbed public attention, and drawn the mantle of forgetfulness, for the present, over the comparatively minor evils which require removal in our own social system. We should not at this time further pursue the consideration of Patent Law Amendment, but reserve our observations for a more suitable period, when the subject might receive the careful and calm attention it deserves, did we not feel that it is so intimately connected with the prosperity of our manufactures and commerce, which apparently require the genius of a second Watt or Arkwright to reinvigorate them, and enable our distressed operatives to resume their active employment at remunerative wages. As an appropriate forerunner to our remarks, we may refer to a communication which we have received from Mr. R. S. Newall, of Gateshead, on the protection of inventions, and, being of no ordinary kind, it seems to require special notice; for we think it may be safely asserted that he is the only patentee who, since the stir for amendment in 1834, has concerned himself so much in the matter, as to have drawn out a bill, embracing a new system of Patent Law, and printed it for general circulation. In this bill, which is divided under thirty-seven clauses, there is evidence of considerable study, for the elements of the bill may be said to include the leading features of several foreign enactments for the protection of discoveries and inventions, or modifications thereof; there is, however, a want of that practical knowledge which, without egotism, we may say, is only possessed by those who are actively engaged in carrying out the requirements of the existing laws. The substance of the proposed bill, which is modestly termed a “sketch,” although it is not deficient in details, may be thus briefly described:-A commission of six persons is to be appointed for the examination of all applications for patents, such applications being accompanied by a description (and drawings, if such are requisite) of the invention desired to be patented. The Commissioners to be invested with a similar power to that of the Commissioner of Patents in the United States, viz.,-to grant patents under a seal of office, and to reject applications for imperfectness of description, either in the title or specification, or for want of novelty; and further-which is a proviso hitherto claimed exclusively by Prussia-if the proposed result cannot be produced by following the directions given, the application to be refused. The patent, when granted, is to date from the day of depositing the particulars of the invention, and if the specification is deemed imperfect, the necessary alterations may be made. Patents to extend over the whole of the United Kingdom, and to be granted for the term of five years, on payment of £50, and to be extended to a second, third, and fourth term of five years, on payment of £50 for each additional term ;-no further prolongation beyond the fourth term. This is the substance of the proposed amendment, and the result expected to be obtained thereby is, "that after a patent has been granted, it shall be held as valid." How this most desirable end is to be obtained, we know not; it sounds as gratefully as a ready means of paying off the national debt" would do to a Chancellor of the Exchequer, but we fear the hope of effecting the one is as visionary as the other. In fact, a doubt seems to have obtruded itself on the writer's mind, for, after this well-sounding sentence follows the ominous words "but if," which commence a clause, giving the Commissioners power to cancel the patent within two years from the date thereof, or to allow an amendment of the specification by a disclaimer: when this period has lapsed, the patent, we presume, is to remain unassailable. This point having been gained, it is comparatively easy to reconcile the extraordinary powers which the patentee is to possess, in bringing punishment on an infringer of his rights. A fine, varying from £20 to £2000, is to be recovered, by summary proceedings, before two or more justices of the peace, as in the case of infringements of registered designs; but an appeal may be made from such decision to the Chief Commissioner of Patents, whose decision shall be final. Other matters, of less importance, culled apparently from foreign laws, are contained in this bill; and 2 M VOL. XXXII. might, perhaps be found advantageous; but, amongst other clauses, one giving the power of adding improvements to an existing patent, is open to much objection; while a provision for the cancelling of a patent, if not worked within two years of the grant, would entail positive injustice: three useful patents out of five would certainly fall to the ground, from non-fulfilment of this condition. Now, although there is in this proposed bill much at variance with the existing laws, yet, in fact, there is comparatively little of novelty; and it is rather as a prevailing opinion among a certain class of inventors than as the emanation of a single mind, that we would combat some of the notions above set forth; for, if there is a difficulty in agreeing as to what would be a just and serviceable law, it is comparatively easy to determine what would be positively detrimental to inventors. In the first place, then-setting aside the impracticability of getting through Parliament an Act which annihilates a large number of existing interests-we will refer to the clause which has the merciful tendency of awakening inventors from the delusion, that what has been the subject of their thoughts and labors for months or years, is a mere folly, a shadowy nothing,-in other words, the application for a patent is to be rejected, if, in the opinion of the Commissioners, the proposed result cannot be produced by following the directions given. Let us now imagine the feelings of the Commissioners, who, in the performance of their duty, have to inform the applicant, Mr. Newall, for instance, that they firmly believe his invention to be all fudge;-what an unenviable office,—and yet is it one they will continually be called on to perform. If he demurs to this, as most likely he will, feeling assured that he knows his own business best, and is satisfied of the utility of the invention, he will then be necessitated to " prove this to the Commissioners," either by inviting them down to Gateshead, or bringing his machinery or apparatus or what not, to town, for inspection. If, by this costly proceeding, Mr. N. should eventually succeed in obtaining the patent, he will not only have proved the utility of the invention, but also the incompetency of the Commissioners for their office. We need hardly say, that the difficulty would be great in proving the latter; and therefore it would, and ever must be, that if an application for a patent were made and persisted in for anything the most futile, and there was nothing which could be brought forward to shew a want of novelty, and enable the Commissioners to refuse it on that ground, such patents would, as heretofore, be passed, and perhaps with less cost to the patentee, than if he were required to demonstrate the inutility of his invention. Again, if nothing is to be taken. on trust by the Commissioners, but they are to be satisfied of the utility of every patent they issue, where is their labor to end? Must not all such startling inventions as-portrait painting by the sun's light-instantaneous transmission of sounds and signs to distant places-the navigation of the air-when first suggested, be demonstrated, before the Commissioners are satisfied of their practicability? for, without evidence, one would be thought as little likely of realization as the other. Secondly, with respect to a patent being held valid when granted,-would it not be a monstrous injustice, if, by the ignorance or negligence of the Commissioners, a man, already in the enjoyment of an invention, were to be deprived of his rights, through a patent issued subsequent to the commencement of such enjoyment? A law, having a provision which, without just cause, would transfer the property of one man to another, must be inoperative; and how are we to guard against the possibility of the assumed case occurring? Thirdly, as regards infringements, we think little is required to be said to shew the impracticability of getting summary justice. There is an old saying--and, where interest is concerned, it may carry truth-that "Justices' justice is no justice at all." If it is not capable of dealing fairly with a common trespass on land, where hedge-rows mark the division of properties, we know not how the knotty points of trespass on inventions are to be summarily and satisfactorily settled, when men of science are ever found of adverse opinions upon such subjects. This proposition could only be approved by those who have felt the "screw" in Westminster Hall; but, however much we may regret the existence of the difficulties which surround patentees in upholding their rights, we can never give countenance to a plan for inflicting summary injustice on the public at large. We might say much more on points which are involved in the bill, above alluded to, and which are considered by many inventors as desirable of attainment; for the present, we must content ourselves with having touched upon what we consider the most prominent of the prevailing fallacies connected with Patent Law Amendment, and having, although in a hasty way, exhibited a few of their weak points. To eradicate impracticable notions, and bring the opinions of inventors into harmony on this subject is, we believe, no easy task; yet it is necessary, before any appeal is made to the legislature, to remove, as much as possible, all obstacles to unanimity of feeling amongst those who are most interested in patent protection; and if, in our attempts to this end, we shall meet with success, it will give us increased confidence in bringing forward our own plans for unshackling inventive talent, and making it subservient to the social advancement of its possessor. [ 304 ] Academy of Sciences, Paris. PHYSIOLOGY.-ON THE STUPIFYING PROPERTIES OF ALDEHYDE. BY M. POGGIALE. [Translated for the London Journal of Arts.] M. POGGIALE, in communicating the result of his researches to If the somewhat strong smell of aldehyde will allow of surgeons applying it to human subjects, it is evident that, as regards economy, it will be much preferable to chloroform. In fact, considerable quantities of aldehyde may be obtained by a very simple operation. For this purpose, it is only necessary to distil a mixture of sulphuric acid, water, alcohol, and peroxide of manganese, and to rectify the liquid condensed with chloride of calcium. The aldehyde, thus prepared, boils at a temperature of from 28 to 29 degrees centigrades, and only contains small quantities of alcohol and formic ether. It would not be necessary, for this purpose, to prepare aldehyde in a state of chemical purity.-[Comptes Rendus.] } ! ELECTRO-CHEMISTRY.-NOVEL PROCESS FOR BRONZING M. BECQUEREL, at the request of MM. Brunel, Bisson, and to the arts. |