ENGLA N D.

THERE is no country or government among those that issue Patents for Invention, whose Laws for, and the proper proceedings in obtaining which, are more complex or difficult to understand than those of England, the pioneer in the issue of Patents, as well as in the acknowledgment of the right of the inventor to his property of discovery. Although the right to hold chattel property has been recognized from the earliest periods, and is founded on the laws of nature, it was far later that we can claim an acknowledgment of the like inherent right to the property of invention.

The right of the Crown to grant to the discoverer or importer of an invention the exclusive use for his own benefit, is derived rather from Common Law than from the Statutes. In England this prerogative is with the crown, as the supreme power of state, and to be exercised on behalf, and for the benefit of, the public.

By a reference to the "Statutes," it will be seen that although statutes for granting "monopolies" were in vogue as early as 1439, in the reign of Henry VI., and continued so, until the time of James I., in 1623, it was not until the repeal of those unjust and impolitic laws, that any especial protection is known to have been thought of, for the security of the property of invention or discovery in the arts or manufactures. At the latter time it was acknowledged to be an inherent right, and one which should be protected by the laws.

As to whom the sole use of an invention may be granted.—We shall see that the granting of an exclusive privilege by Patent may be considered in the light of a contract between the public and the grantee; the grant being made in consideration of a benefit conferred upon the public by the grantee. And the grant is good, because the inventor brings to the commonwealth a new manufacture by his invention, also at his own cost, and therefore should be rewarded by the privilege of exclusive benefit for a time, as a reward to encourage the production of new inventions and trades. Thus, the persons to be rewarded by Letters Patent are

they who invent, or import, new manufactures, and give the benefit thereof to the public; that is, the benefit of their discoveries as made; upon certain conditions to which they have agreed, in consideration as set forth in an instrument, in this country or realm, called Letters Patent. And it is clearly stated in the Law, that unless a person declares himself the importer merely, he must be the person who really and actually invented or discovered the subject for which he solicits a privilege. In England an inventor is defined as 66 one who discovers or finds out something new, a framer, a contriver, a deviser of what was before unknown," either in fact or in practice, to exist within the realm. It is also held in this country, and by its laws declared, that he shall be deemed the first inventor of a new manufacture who shall first give, or contract by a Patent to give, a knowledge of it to the public. He who is the first to introduce such invention, is held to have prima facie evidence that he was the first discoverer. Again, it is held that if two or more shall apply simultaneously to the crown, it shall be decided in favor of him who first reduced the invention in question to practice; and that he who first obtains a grant is the first inventor, in the eyes of the law, even if it had been before discovered by some one who had neglected to give it to the public. But, on the contrary, if the invention is in any way known to the public, by publication or otherwise, before it is patented, then such grantee is not the first inventor, and the invention belongs to the public, and the public once in such possession cannot be deprived of it; nor can any subsequent Patent granted to the first inventor or other person be held valid, if the invention has in any way been made public previous to Patent; for, the public cannot be deprived of the right they had to use an invention which was public.

By the laws of this realm it will be seen that a Patent cannot be granted to all persons; for instance, the Queen could not grant a Patent to herself, nor can a corporation aggregate become the subject or grantee of a Patent, and it is also held that it would be illegal for a clergyman to become the grantee of a Patent privilege, as that would be held as trading within the meaning of the statute, and therefore prohibited by the laws. A Patent granted to a married woman is held as valid; but, the right, when acquired, would be vested in her husband. It is doubtful whether an infant could hold a grant for a privilege, as he could not buy, sell, or make, a legal contract to bind himself. An alien, it is believed,

and has been so adjudged, may hold a valid Patent in England It has been already stated that the crown alone has the power of granting a Patent; this power is, however, confined to certain acts and duties to be performed-as, for instance: The Queen cannot herself make a Patent, but by her command the Lord Chancellor, who is the sole Judge of that branch of the Court of Chancery where all the Letters Patent are made, affixes the Privy Seal, in which consists really the making of a Patent; as the Patent must be by record under the great seal; which must and shall always be accredited, and can never be denied. This, however, is again confined by the fact that the crown has not the power to command that to be done which is unlawful, while it is fully protected in that which is lawful. False suggestions in any of the proceedings destroys the validity of a Patent.

In order to prevent the issue of Patents of an improper character, that is, such as would be injurious to the general good, or to the interest of the Government, several examinations are had—and it must first pass the examination of the Attorney or SolicitorGeneral, next the Privy Council; this is followed by the Queen's command, when, if it is not objected to by the Lord Chancellor, it is sealed with the Great Seal, and is then a Patent. All this is

done upon the title or name of the Patent, and without exposing the true invention to any person, unless it be opposed by some person who may apply for a similar Patent, by its title, in which case the inventions are both shown to the Attorney or SolicitorGeneral, who decides which, and if either or both may be the proper subjects for one or more Patents. Seven days only are allowed for opposing parties in their notices of opposition, which has rendered it always proper, if not invariably necessary, that any person who is an applicant for a Patent, should himself be within three days of London, or be represented by an attorney resident in London, in order that oppositions may be met at all times, as a caveat may be made to oppose a Patent in all the stages of its progress until it is complete. The expenses of an opposition are bourn by each party alike in the beginning, i. e. until a report has been made by the Attorney or Solicitor-General. Afterwards, any opposition must be at the expense of the person who brings it, subject to certain drawbacks, under peculiar circumstances.

Of the Proceedings and Practice in obtaining Patents in England. These matters are partly regulated by statute, but mostly by long

established practice. Patents for invention are most usually procured through the aid of gentlemen who practice as "Patent Agents," or "Patent Attorneys," which has become a profession of itself, entirely distinct from other law practice. Indeed, it has been fully proved to be necessary to employ such; as upon their fidelity and competency depends the important features of the Patent itself; involving all the legal as well as the mechanical experience that will enable him to determine whether the Patent he is engaged in making and procuring, will be an instrument in itself that will stand the test of the courts, and the scientific investigations it will have to undergo in case it may be contested by some person interested to defeat it. Besides, it has been always found more economical, as well as more safe and beneficial, to employ some such gentleman, even than for an applicant for a Patent to undertake to act for himself. Any gentleman considering himself competent, may become an Agent or solicit Patents in England, yet it is found that those who have practised longest, are by consequence the most experienced and successful-do much the largest business, and with more satisfactory results, which goes to show it a business peculiar in itself, requiring great skill and ingenuity, equal if not superior, to that of the inventor himself, in order to distinguish and describe every invention in such a way that it will render the Patent a valid instrument, and at the same time be able to separate this peculiar one, from all others. This will certainly appear plain, when we can assert, without fear of dispute, that in the several branches of the steam engine, thousands of improvements have been made, and more are being made daily, yet the new ones must steer clear of all these, and yet be novel, to be Patented legally.

Of Caveats.-There are two kinds of caveats; one is termed a general, and the other a special caveat. The first, (See form 1,) is a general caveat, and is calculated to oppose not merely a special or specific application for a Patent, but all applications for Patents, such as set forth in the caveat. But a caveat entered for the purpose of opposing a Patent at the bill, or any later stage of the proceedings, is called a specific caveat, because it is intended to apply only to that specific application for a Patent, which is named therein. A caveat is simply a request in writing that a Patent may not be granted without notice to the party who enters it, and may be done in any form, but the form referred to is a brief and

good one. The caveat may be in the name of the party applicant, or of his agent. A caveat, although generally used, is not always necessary; but, where experiments are necessary, and it is requisite to have workmen or other confidential persons to whom such experiments must be exposed, it becomes absolutely necessary to enter a caveat. Caveats must be entered at the offices of both the Attorney and Solicitor-General, in order to meet all possible chances of opposition; these should give merely the general title of the invention, as (improvements in steam boilers, etc.,) which is deemed a sufficient description at this stage of the case. Such general caveats are beneficial, only in so far as they enable the parties entering them to receive notice, before another person could surreptitiously obtain a Patent for the same invention, and entitles the caveator to notice for one year, in all cases of interference.-(See form 2.)

Of the title.-When an inventor wishes to apply for Letters Patent, he must first choose a title for his invention, and as this title is what he must abide by, he must clearly set forth the object of the invention. It is, therefore, of the utmost importance that a correct title should be selected, for many have lost their Patents even after their issue, in consequence of having chosen vague or improper titles to their petitions.

Of Petitions. It is held in England, that an inventor is not entitled as of right to a Patent for his invention; but relies entirely on the grace of the Crown, acting on behalf of the public. Hence, the inventor must apply by petition to the crown, in which he must set forth his name and address, and state the grounds or circumstances upon which he founds his claim to a patent privilege, and whether he be the inventor or importer, and if the invention is new in the realm. The petition should also contain a prayer that her Majesty will be pleased to grant, etc.-(See forms 3 & 4.)This petition should be preceded by an application for a Patent.

Of the Solemn Declaration. The petition for Patent should be accompanied by a solemn declaration, which the petitioner makes in support of his petition, and this must contain the same allegations as those contained in the petition; and if it is the petitioner's intention to apply for Patents in Ireland and Scotland, this fact ought to be stated, in order to obtain six instead of four months to specify the invention. The declaration, if made in town, must be made before a Master in Chancery, but in the country, before a Master Extraordinary.-(See forms 5 & 6.)