without infraction of the letter of the Law, it is entirely against its spirit, and we are very much of the opinion that where this can be proved to have been the case, the Patent might be attacked on the ground of abandonment to the public. There is another way in which it would be dangerous to expose an invention too much; and that is, where an inventor has made a discovery of some machine or apparatus for the rapid production of some article in demand in the market, and which single machine, or a very few of them, would manufacture the full supply requisite. Now, as any one person, or any corporation who could get a knowledge of the invention, and should put it into operation before the inventor applies for a Patent, he could use the same without “ liability ttherefor to the inventors" under his Patent; he will at once perceive that the value of his monopoly or "exclusive privilege" would be very much reduced, if not wholly destroyed, as the other machine or machines previously built are not under his control, and of course the competition in the article would reduce its value to the common level of other like things. The safest way for an inventor to do, when he is obliged to resort to the aid of capitalists, is to make a fair arrangement with one for a part ownership. He can, under the Law, make full or 'partial assignments, which, when properly recorded in the Patent Office, gives as full title to property in the invention as if done after the issue of the Patent. This way we recommend above all others respecting public introduction into the market. Of Appeals from the Decision of the Commissioner of Patents— Of the Surrendering Defective Patents and their Re-issue under Amended Specifications Of Disclaimers-Of Memorandums of Additions and Alterations Of the Recovery of Money paid into the Patent Office by mistake—Of Extension of Patents beyond fourteen years-Of Extension of Patents by Congress-Of Injunctions and Action for Infringement-Of Special Assignments, &c., we do not treat in this work. STATUTES OF ENGLAND RELATING TO LETTERS PATENT*. 18 HEN. VI. c. 1. [A. D. 1439.] "WHEREAS, by suit made to the King by divers persons, it hath been desired by their petitions to have offices, farms, and other things of the gift and grant of the King by his gracious letters patents thereof to them to be made, desiring by the same petitions the same letters patents of the King to bear date at a certain day limited in the same, the which day is often long before the King's grant to them made upon their said petitions, whereby the King's letters patent to them thereupon made have borne the same date, by reason whereof divers of the King's liege people having such offices, farms, and other things of the gift or grant of the King by his gracious letters patents thereof to them long time before duly made, by such subtle imagination of such ante dates desired by such petitions of such offices, farms, and other things, often have been put out, removed, and expelled against right, good conscience, and reason.' Our said Lord, the King, willing to put out such imaginations, by the advice and assent of the Lords spiritual and temporal aforesaid, and at the special request of the said Com mons, hath ordained, by authority of the same Parliament, that of every warrant hereafter sent by the same, our Lord the King, or his heirs, to the Chancellor of England for the time being, the day of the delivery of the same to the Chancellor shall be entered of record in the Chancery. And that the Chancellor do cause letters patents to be made upon the same warrant bearing date the day of the said delivery in the Chancery, and not before in anywise. And if any letters patent be from henceforth made to the contrary, they shall be void, frustrate, and holden for none. *NOTE.-The Statute of 1623 repealed all previous laws in regard to Patents, and then provided a new code for especial purposes inclusive of Patents for inventions and discoveries in the arts and manufactures. Nevertheless, we have given the earlier statutes in order to show the origin of Patents, on all subjects, and in all countries.-EDS. The King's secretary or to 27 HEN. VIII. c. 11. [A. D. 1535.] An Act concerning Clerks of the Signet and Privy Seal. "Whereas the King's clerks of his Grace's Signet and Privy Seal, giving their daily attendance for the passing and writing of his Majesty's great and weighty affairs, and the causes of this his realm, having for their entertainment and their clerks no fees, nor wages certain for those offices other than such fees as cometh and groweth of the said Signet and Privy Seal, to the intent that from henceforth they should not by any manner of means be defeated of any part or portion of the same, their fees:" be it therefore ordained, established, and enacted, by the consent and assent of the Lords spiritual and temporal, and the Commons in this present Parliament assembled, and by authority of the same, that all and every gift, grant, and other writing, which shall be made or given in writing by the King's Highness, or any of his most noble posgrants shall be terity, to any person or persons signed with his Grace's sign, or brought to the the sign or signs manual of any of them, to be passed under any a clerk of the his Grace's great seals of England, Ireland, Duchy of Lancaster, signet. or any of his Highness's counties, palatines, or principality of Wales, or by other process, out of the Exchequer after the fifteenth day of April, in the twenty-seventh year of his most noble reign, and that all and every gifts, grants, and other writings of what name or names, quality or qualities soever, the same may be or hereafter shall be named, deemed, or called, which the master of the King's wards, or general surveyors of the King's lands for the time being, or any other officer or officers that now be or hereafter shall be made, shall by virtue of an Act of Parliament, or any of the King's grants to them, or any of them made or hereafter to be made in that behalf, give, grant, or make after the aforesaid fifteenth day of April, to any person or persons in the King's name to be passed under any of his Majesty's seals, be in anywise first and before the same grant, or any of them, be passed under any the King's said seals or other process made of the same, brought and delivered to the King's principal secretary, or to one of the King's clerks of his Grace's signet for the time being, to be at the said office of the signet passed accordingly. A warrant by the clerk of the signet to the Lord keeper of the Privy Seal. 2. And be it also ordained and enacted by the authority aforesaid, that one of the clerks of the said signet to whom any of the said writings, signed with the King's most gracious hand, or the hand of any other aforesaid, or any of them fortune to be delivered, may and shall, by warrant of the same bills, and every of them within the space of eight days next after he shall have received the same, unless he have knowledge by the said secretary or otherwise of the King's pleasure to the contrary, make or cause to be made in the King's name, letters of warrant subscribed with the hand of the same clerk, and sealed with the King's signet, to the Lord keeper of the King's Privy Seal for further process to be to the Lord had in that behalf and that one of the King's clerks of the said Warrant from Privy Seal upon due examination had by the said Lord keeper of the Privy Seal the said Privy Seal, of the said warrant to him addressed from the Chancellor. office of the said signet as afore, may and shall, within the space of eight days next after he shall have received the same, unless the Lord keeper of the Privy Seal do give them commandment to the contrary, make or cause to be made by warrant of the aforesaid warrant to the said Lord keeper of the Privy Seal address from the office of the signet aforesaid, other letters of like warranty subscribed with the name of the same clerk of the Privy Seal to the Lord Chancellor of England, Lord keeper of the Great Seal, Chancellor of the. Duchy of Lancaster, Chancellor of the King's land of Ireland, treasurer and chamberlains of the Exchequer, and chamberlains of any of his counties palatines, or principality of Wales, or other officer, and to every of them, for the writing and ensealing with such seals as remain in their custody of letters patent, or closed, or other process making due and requisite to be had, or made, upon any the said grants, according to the tenor of the warrant to them or any of them directed, from the offi 'cer of the Privy Seal, as is afore specified. tering the course afore 3. And also be it enacted by the authority aforesaid, that no Penalty for almanner of clerk or clerks, or other person or persons, do write or make any manner of writing, warrant or warrants, upon any man- said. ner of gift or grant made by the King's Highness, or by any other his Grace's officers as aforesaid, or procure the same or any of the same to be passed under the seals aforesaid after any other sort, manner, or fashion, or by any other warrant or warrants than as before is specified and delivered, upon pain to forfeit for every bill, warrant or writing, passed contrary to the order before limited and prescribed, the sum of 107. sterling, the one half thereof to be to our Sovereign Lord the King, and the other half to him that shall first sue for the same by action of debt, writ, bill, plaint, or information, in any of the King's Courts; in which action or suit, no essoin, protection, privilege, nor wager of law shall be admitted; any manner, act, statute, provision, proclamation, or other ordinance heretofore had or made contrary to this present Act, or any article of the same in anywise notwithstanding. 4. And nevertheless be it also enacted, that every of the said Fees for writ clerks or other person which shall pass in writing, or procure to be ings which pass by immepassed in writing, any grant or grants by immediate warrant, diate warrant. wherefore fees be paid at the Great Seal, shall of the parties receive for the offices of the said signet and Privy Seal, as well such fees as in this Act is taxed for writing of any such grant or other writings, as also the fees for the seal of the same; which fees and every part and portion thereof the same clerk or clerks by whom any grant shall pass in writing by immediate warrant, shall upon a bill of the hand of one of the said clerks of the said signet or Privy Seal, deliver unto one of the same clerks of the signet or Privy Seal, within the space of three months next and immediately This Act not to prejudice, the Lord Treasur er's warrants to the Lord Chancellor. ensuing after the passing and sealing of any of the said grant or grants, by immediate warrant, upon pain of 101. sterling, to be by every such of the said clerks or other person as shall offend, for feited, to be levied in form aforesaid, as often as he or they shall offend contrary to the meaning of this act. 5. Provided also, that this Act or any thing contained in the same, be not in anywise prejudicial to the Lord Treasurer of England for the time being, concerning such warrants or precepts as he, by virtue of his office, shall and may direct immediately to the Lord Chancellor of England, or to any other person or persons for making out of the King's grants or letters patents to any person or persons of any offices, farms, of lands, or tenements, or of any other thing belonging to his nomination or disposition; but that as well he may direct his said warrants or precepts for the causes above said, as also his clerk or clerks, or other person, may procure the same to be sealed under any of the seals aforesaid without any warrant to be before or after sued or obtained under the King's signet or Privy Seal for the same in as large and ample manner, and after such sort or fashion, as he or they might have done at any time before the making of this Act; any thing in the same Act mentioned to the contrary notwithstanding. 6. (This section provides that the Act shall not extend to leases granted under the seals of the Duchy of Lancaster, or the county palatine of Lancaster.) 7. (This section provides that the Act shall not extend to grants under the Duchy or county palatine seal of Lancaster of any offices the yearly fees of which do not exceed two-pence per diem.). Lord Chancel9. Provided also, that the Lord Chancellor of England for the lor may pass time being, shall and may at all times use his discretion in passing instruments without payand speeding any thing by the Great Seal, and delivering the same ment of fees. without paying any fees for the Great Seal signet and Privy Seal, as the case of necessity shall require, and as hath been accustomed; and that the clerks for writing or procuring such writings and patents by his commandment, shall be discharged of all penalties expressed before in this Act for not receiving and paying fees to the signet and Privy Seal; any thing in this Act contained to the contrary hereof notwithstanding. Explained and amended by 13 Eliz. c. 6, post. 10, 11, and 12. [These sections of the Act do not apply to patents such as are the subject of this work.] 3 & 4 ED. VI. c. 4. [A. D. 1549.] An Act concerning Grants and Gifts made by Patentees Where the right noble and famous King of full worthy memory, |