If

On the whole, we think we have occasion to congratulate the Invention Interest on the position it has now attained. The opposition made to the Government Bill, No. 3, (by the Patentees' Protection Association, more especially), has not plucked from it all the evil there is in it, but it has had the important effect of extracting from Government a pledge of a further and early "searching enquiry"-implying of course a fair consideration of whatever alterations and amendments may be necessary. inventors would be only true to themselves, and act unitedly and resolutely, they might soon achieve all that they want, which is no more than all they have a right to. Though now put under the harrow of a most inquisitorial system of preliminary examination, they may, if they will, heave it off. The very toad does the same when oppressed. The more searching" future inquiries are the better; the deeper the enquirers go, the more surely will they find inventive talent, and the encouragement of inventive talent at the bottom of all the advances which the world has made in Knowledge, Virtue, and Power.

Continuation of Proceedings in Committee of the Commons.

[We give only the more notable portions of these proceedings, and more is unnecessary.]

4th August.

Mr. J. GREENE considered that the present Bill was worse than the old patent laws. He complained that the patentee would still be compelled to approach the Crown as a petitioner and suppliant for what was his just right. He also considered that the arrangement for inquiry before an examiner, previously to provisional registration, was highly objectionable. A board of examiners was some time ago appointed in France with regard to patents, but the system was found so inefficient that it was very soon abandoned. In America an examiner was appointed; but, although he exercised very slight powers, his authority was considered dictatorial, and all parties were dissatisfied with the system. He considered that the present Bill was an inroad upon the industry of the community, and he therefore felt bound to oppose it.

Mr. LABOUCHERE said, though this Bill varied considerably in form from the measure sent down by the House of Lords, it did not differ from it essentially in intent or substance. A petition, expressing the opinion of the Society of Arts on the matter, had been presented by the right honourable member for Manchester, and the petitioners stated that, though this measure was not in all respects such as they desired, they yet believed it would effect an immense improvement on the existing law, and they considered it most important that the Bill should be passed this session.

Mr. RICARDO admitted that this measure would be an improvement upon the present law, but he did not think the House and the country had had a fair opportunity of considering the provisions of the Bill.

M. W. WILLIAMS believed the provisions of this Bill would afford encouragement to miserable and paltry inventions, which would have the effect of trammelling our manufactures to an enormous extent.

Mr. MUNTZ, although he did not altogether approve of the Bill, had been requested by his constituents to give it his support, rather than allow the session to pass without any legislation on the subject.

Sir D. L. EVANS said a numerous body of his constituents were anxious that this measure should be adopted at once, because they believed it would materially improve the present law.

Mr. J. GREENE moved that the clause relating
to the appointment of examiners be omitted.
The Committee divided:-

For Mr. Greene's motion............
Against it

Majority against it..........

5th August.

2

46

him, were to perform the functions which had hitherto been performed under the responsibility of the law advisers of the Crown. It was impossible to believe that the law officers, before they formed a judgment upon an application, and advised the Crown to grant a patent, did not satisfy themselves that the invention was likely to be useful, and was of such a character as to justify them in recommending the Crown to allow an exclusive right to be exercised against the community for a limited period. He wished to ask what had been the principle upon which the law advisers of the Crown had hitherto recommended patents, with regard to the two points,-novelty and utility? He had no doubt, although the law officers of the Crown were accomplished gentlemen, and had an opportunity of informing themselves with respect to improvements in trade and commerce, that before advising the Crown to grant exclusive patents as against the public, they had called to their aid persons who had really performed the functions of the proposed examiners. The law officers had, however, covered all these inquiries, but now it was sought to relieve them altogether of the responsibility. It appeared from this Bill that they were to delegate the inquiry to examiners, on whose report-without exercising any judgment of their own, except within the limits of such report-they were to ground their recommendation to the Crown.

The ATTORNEY-GENERAL believed that since he had been in office no patent had been granted for any invention, the usefulness of which was not apparent. [An honourable Member: "To the public, or to the individual?"] He meant to the public (hear, hear); for, so far as the individual patentee was concerned, he must take his chance. He (the Attorney-General) did not think that a patent for an invention that would be absolutely useless to the public ought to be granted. He did not consider that under this Bill the legal advisers of the Crown would be bound by the report of the examiners, who, in his opinion, would act, as it were, as the pioneers of the law-officers, and direct their attention to the different points of each case. In many cases which had occurred under the existing law, the legal advisers of the Crown had called in the assistance of scientific gentlemen, who had made reports to them, or aided them by personal suggestions. The advice thus obtained, however, was a sort of private assistance, and he thought it would be better that such assistance should be rendered by persons before the public, who were clothed with a certain official character, and who were responsible to the public (hear, hear), which was the course proposed by this Bill. Still he must say, that he would never consider himself bound by the report of the examiners; and, indeed, the fifteenth section of the Bill provided that if any person deemed himself aggrieved by reason of any report of the examiners, such person might claim to be, and should be, heard before the law-officers themselves.

Mr. HENLEY thought it might be a grave question how far the duties of the law-officers of the Crown would be devolved upon these examiners. He did not object to scientific questions being referred to the examiners, but it appeared to him that all matters, whether relating to science or not, would be submitted to their judgment.

The ATTORNEY GENERAL said, he had no objection to strike the word "utility" out of the clause, and he moved accordingly that that word be omitted.

Mr. RICARDO opposed the motion, because, although all the gentlemen examined before the Committee concurred in the opinion that no tribunal could decide upon the utility of inventions, still he thought they had no excuse for granting these monopolies, except on the ground that the inventions were beneficial and useful to the public.

The Committee divided, when there were

For the motion Against it

Majority

48

1

..... 47 Mr. LABOUCHERE, in answer to a question from Mr. Spooner, explained that the Crown could now grant patents extending to the Colonies (though there had been some doubt as to India), and that it was also in the power of the Colonies, of those at least that had local Legislatures, to grant patents within their own limits; this concurrent power had led to difficulty, complication, and inconvenience, and it was thought that it would be better to confine the patents granted here to the United Kingdom, and to leave the Colonies to deal with the matter as they thought fit. Indeed, a regulation had already been made, about six months since, that the Attorney-General should not pass patents extending to the Colonies.*

Sir J. GRAHAM thought this discussion became more complicated as it proceeded. (Hear.) Here was another most important question incidentally raised. (Hear, hear.) There really was not time now to give due consideration to a measure involving such interests as this did. It came down but lately from the House of Lords, and already thirty new clauses had been introduced into it in the House of Commons. Besides the provisions respecting compensation, those with regard to fees were changed, but there were still great objections to be urged to them; there ought not to be a farthing paid for the establishment from the public purse; the fees should be so regulated as to pay the whole expense. (Hear.) Clause by clause the Bill would be found to touch important principles not yet fully discussed; and the further the House proceeded, the more they would be aware of the importance of the subject, the insufficiency of the time they could now devote to it, and the inadequate attendance of members representing the great commercial and manufacturing interests. (Hear.) He did not see how justice was to be done to so important a subject within the time that could now be given to it. (Hear, hear.)

Mr. LABOUCHERE was very sorry to find the right honourable baronet casting the weight of his great authority into the scale of the objectors, hitherto very few in number, to the passing of this Bill in this session. The disappointment on the part of the public, and the inconvenience sustained, if it should not pass, would be so great that nothing on his (Mr. Labouchere's) part should be spared to prevent its postponement.

Mr. CARDWELL had presented a petition against this Bill from parties who conceived that their competitors in the Colonies were to be allowed to proceed without paying the duties paid here.

Sir J. GRAHAM understood now, that by prerogative the Secretary of State, having come to a decision adverse to patents, had virtually abolished the law of patents throughout the Colonies, and the House was asked to continue in England a system which some of the advisers of the Crown condemned in principle, and which the Colonial Secretary had put an end to throughout our possessions abroad, giving our fellow-subjects there the privilege of using inventions denied to the inhabitants of the United Kingdom. (Hear, hear.) The importance of the subject became more apparent as the discussion proceeded, and the complication was increased by the division of opinion among the advisers of the Crown. The Vice-President of the Board of Trade had declared that he was opposed to the policy of the law of patents; and now the House learned that the Secretary for the Colonies agreed with him.

Mr. LABOUCHERE assured the right honourable baronet that he was mistaken. The Vice-President of the Board of Trade (Earl Granville) expressed an

There must be some mistake here. We have, within the last six months, passed many patents, with the Colonies included.-ED. M. M.

opinion, shared by the majority of the Lords' Committee, that the principle of patent laws was vicious, and ought to be discarded; but he and all the Committee held it most desirable that this Bill, remedying monstrous and glaring evils in the present system, should pass into a law at once, and they thought that the public opinion of this country was not ripe for so great a change as the abolition of patents.

Sir J. GRAHAM observed that this clause altered the law materially, and yet did not appear necessary for the objects desired by the right honourable gentleman (Mr. Labouchere).

6th August.

Mr. W. WILLIAMS and Mr. J. GREENE repeated their objections to the Bill.

The ATTORNEY-GENERAL said that he had, on reconsideration, resolved to leave the law with respect to the Colonies as before.

Sir JAMES GRAHAM urged on behalf of the country the necessity for further discussion of the whole measure.

Lord PALMERSTON and Mr. LABOUCHERE replied, insisting on the disappointment which the public generally would experience if the Bill did not pass.

On the Compensation Clause being read,

Sir JAMES GRAHAM inquired if the Government had formed any estimate of the gross amount of compensation?-and next, if they had ascertained how many would have claims under the clause? It was his belief that the days of the patent law were numbered, and that it could not long be maintained. If the House were now to establish a statutable claim to compensation. it would at no distant period be found to have established an inconvenient precedent.

The ATTORNEY-GENERAL was inclined to think that the number of persons who would be entitled to compensation would be small, and the amount of compensation not large.

Sir JAMES GRAHAM observed that the AttorneyGeneral had not answered his question; but having raised a difficulty, he would offer a suggestion by which it might be met. Let the Government consider whether, on bringing up the Report, they could not make provision for having compensation granted only out of the fees to be hereafter received. By this course, the danger of establishing a permanent claim on the public purse would be avoided.

Mr. LABOUCHERE thanked the right honourable baronet for his suggestion, and said it should be taken into consideration by the Government.

The remaining clauses were then agreed to, and the House resumed.

THE PATENT LAW AMENDMENT ACT,

1851.*

Whereas it is expedient to amend the law concerning Letters Patents for inventions: Be it enacted by the Queen's most excellent Majesty, by and with the advice and consent of the Lords spiritual and temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:

I. It shall be lawful for Her Majesty to grant Letters Patent for inventions, and to cause the same to be made and issued, in the manner hereinafter mentioned, and to cause to be inserted therein all such restrictions, conditions, and provisoes as Her Majesty may think fit, or as may be requisite in pursuance of the provisions of this

* As passed the Commons, but thrown out in the Lords.-See Note p. 104.

Act, and such Letters Patent shall (subject to the provisions herein contained) be of the same force and effect as grants of a like nature heretofore made.

II. The Lord Chancellor, the Master of the Rolls, Her Majesty's Attorney-General for England, Her Majesty's Solicitor-General for England, the Lord Advocate, Her Majesty's Solicitor - General for Scotland, Her Majesty's Attorney-General for Ireland, and Her Majesty's Solicitor-General for Ireland, for the time being respectively, together with such other person or persons as may be from time to time appointed by Her Majesty, as hereinafter mentioned, shall be Commissioners of Patents for Inventions; and it shall be lawful for Her Majesty from time to time, by warrant under her royal sign manual, to appoint such other person or persons as she may think fit to be a Commissioner or Commissioners as aforesaid; and every person so appointed shall continue such commission during Her Majesty's pleasure; and all the powers hereby vested in the Commissioners may be exercised by any three or more of them, the Lord Chancellor or Master of the Rolls being one.

III. It shall be lawful for the Commissioners to cause a seal to be made for the purposes of this Act, and from time to time to vary such seal, and to cause to be sealed therewith all Letters Patent issued under this Act, and all instruments and copies proceeding from the office of the Commissioners, and all courts, judges, and other persons whomsoever shall take notice of such seal and receive impressions thereof in evidence in like manner as impressions of the Great Seal are received in evidence, and shall also take notice of and receive in evidence, without further proof or production of the originals, all such copies, certified under the seal of the said office, of documents deposited in such office.

IV. It shall be lawful for the Commissioners from time to time to appoint a person or persons as an examiner or as examiners for the purposes hereinafter mentioned, and at their pleasure to revoke the appointment of and to remove any person or persons so appointed, and to appoint others in lieu thereof; and it shall be lawful for the Commissioners from time to time to make such rules and regulations (not inconsistent with the provisions of this Act) respecting the business of their office, and all matters and things which under the provisions herein contained are to be under their control and direction, as may appear to them necessary and expedient for the purposes of this Act; and all such rules shall be laid before both Houses of Parliament within fourteen days after the making thereof, if Parliament be sitting, and if

Parliament be not sitting, then within fourteen days after the next meeting of Parliament; and the Commissioners shall cause a report to be laid annually before Parliament of all the proceedings under and in pursuance of this Act.

V. It shall be lawful for the Commissioners of Her Majesty's Treasury to provide and appoint from time to time proper places or buildings for an office or offices for the purposes of this Act.

VI. It shall be lawful for the said Com. missioners of the Treasury from time to time to appoint for the purposes of this Act such clerks and officers (other than the officers whom the Commissioners of Patents for Inventions are by this Act authorised to appoint) as such Commissioners of the Treasury may think proper; and it shall be lawful for the said Commissioners of Patents from time to time to remove any of the clerks and officers so appointed by such last-mentioned Commissioners.

VII. The petition and declaration for the grant of Letters Patent for an invention shall be left at the office of the Commissioners, and there shall be left therewith a statement in writing, hereinafter called the provisional specification, signed by or on behalf of the applicant for Letters Patent, describing the nature of the said invention; and the day of the delivery of every such petition, declaration, and provisional specification shall be recorded at the said office, and indorsed on such petition, declaration, and provisional specification, and a certificate thereof given to such applicant or his agent; and all such petitions, declarations, and provisional specifications shall be preserved in such manner as the Commissioners may direct, and a registry thereof and of all proceedings thereon kept at the office of the Commissioners.

VIII. Every application for Letters Patent made under this Act shall be referred by the Commissioners, or according to such regulations as they may think fit to make, to one of the law-officers.

IX. The provisional specification shall be referred by the law-officer to one of the examiners for the time being appointed under this Act, and the examiner to whom such reference is made, being satisfied that the provisional specification describes the nature of the invention, shall give a certifi cate to that effect, and such certificate shall be filed in the office of the Commissioners, and thereupon the invention therein referred to shall be provisionally protected for the term of six months from the date of the application for Letters Patent for the said invention; and during the term of such provisional protection such invention may be used and published without prejudice to

any Letters Patent to be granted for the same; provided always, that in case the title of the invention or the provisional specification be too large or insufficient, it shall be lawful for the person to whom the same is referred to allow or require the same to be amended: Provided also, that on the filing at the said office of any certificate of the Registrar of Designs under "The protection of Inventions Act, 1851," the invention to which such certificate relates shall be provisionally protected under this Act from the filing of such certificate, without prejudice nevertheless to the provisions of such last-mentioned Act.

X. The applicant for Letters Patent for an invention, instead of leaving with the petition and declaration a provisional specification as aforesaid, may, if he think fit, deposit with the said petition and declaration a complete specification or instrument in writing under his hand and seal, particularly describing and ascertaining the nature of the said invention, and in what manner the same is to be performed, and the day of the delivery of every such petition, declaration, and complete specification shall be recorded at the office of the Commissioners, and indorsed on such petition, declaration, and specification, and a certificate thereof given to such applicant or bis agent, and thereupon the invention shall be protected under this Act for the term of six months from the date of the application, and the applicant shall have during such term of six months the like powers, rights, and privileges as might have been conferred upon him by Letters Patent for such invention, issued under this Act, and duly sealed as of the day of the date of such application; and during the continuance of such powers, rights, and privileges under this provision, such invention may be used and published without prejudice to any Letters Patent to be granted for the same; and where Letters Patent are granted in respect of such invention, the complete specification shall be deemed the description of such invention, and such specification shall be deemed to be filed in pursuance of such Letters Patent, and no other specification shall be filed in respect thereof; provided that all the provisions of the Act of the session holden in the fifth and sixth years of King William the Fourth, chapter eightythree, concerning disclaimers and memoranda of alterations, shall extend and be applicable to such complete specifications as aforesaid: Provided also, that a copy of every such complete specification shall be open to the inspection of the public, as hereinafter provided, from the time of depositing the same, subject to such regulations as the Commissioners may make.

XI. In case of any application for Letters Patent for any invention, and the obtaining upon such application of provisional protection for such invention, or of protection for the same by reason of the deposit of a complete specification as aforesaid in fraud of the true and first inventor, any Letters Patent granted to the true and first inventor of such invention shall not be invalidated by reason of such application, or of such provisional or other protection as aforesaid, or of any use or publication of the invention subsequent to such application, and before the expiration of the term of such provisional or other protection.

XII. Where any invention is provisionally protected under this Act, or protected by reason of the deposit of such complete specification as aforesaid, the Commissioners shall cause such provisional protection or such other protection as aforesaid to be advertised in such manner as they may see fit.

XIII. The applicant for Letters Patent, so soon as he may think fit, after the invention shall have been provisionally protected under this Act, or where a complete specification has been deposited with his petition and declaration then so soon as he may think fit after such deposit, may give notice at the office of the Commissioners of his intention of proceeding with his application for Letters Patent for the said invention, and thereupon the said Commissioners shall cause his said application to be advertised in such manner as they may see fit; and any persons having an interest in opposing the grant of Letters Patent for the said invention shall be at liberty to leave at the office of the Commissioners particulars in writing of their objections to the said application, within such time and subject to such regulations as the Commissioners may direct.

XIV. So soon as the time for the delivery of such objections shall have expired, the provisional specification or complete specification (as the case may be), and particulars of objection (if any), shall be referred by the law officer to whom the application has been referred to one or more of the examiners appointed under the provisions of this Act; and such examiner or examiners shall inquire (subject to such regulations as the Commissioners may from time to time make) into the novelty of the said invention, and the objections (if any) to the granting of the said Letters Patent, and shall report thereon to such law officer; and the applicant and opponents (if any) respectively shall be entitled to a copy of such report, subject to such regulations as the Commissioners may think fit.

XV. It shall be lawful for any person who may deem himself aggrieved by reason of any proceeding in respect of any provisional specification, or the giving or refusing of any certificate as aforesaid, or by reason of any report of the examiner or examiners, to be heard before the law officer to whom the application is referred; and it shall be lawful for such law officer, if he see fit, to rescind or give such certificate, and to allow or require any entry, title, or provisional specification to be amended, or to refer any such report back again to the examiner or examiners, or to refer it to any other examiner or examiners or person or persons he may think fit, and to order by and to whom the costs of and occasioned by such appeal and reference are to be paid, and in what manner and by whom the amount of such costs are to be ascertained, and generally to make such order upon such hearing as to such law officer may seem just; and such certificate of the law officer shall be filed in like manner and be of the like effect as if the same were the certificate of the examiner to whom the provisional specification was referred; and if any costs so ordered to be paid be not paid within four days after the amount thereof shall have been ascertained, it shall be lawful for such law officer to make an order for the payment of same, and every such order may be made a rule of one of Her Majesty's superior courts of law at Westminster.

XVI. It shall be lawful for the law officer, if he think fit, on the receipt of the said report, and after such hearing, if any, as aforesaid, to cause a warrant to be made for the sealing of Letters Patent for the said invention, and such warrant shall set forth the tenor and effect of the Letters Patent thereby authorized to be granted, and such law officer shall direct the insertion in such Letters Patent of all such restrictions, conditions, and provisoes as he may deem usual and expedient in such grants, or requisite and necessary in pursuance of the provisions of this Act; and the said warrant, signed by the law officer, shall be deposited in the office of the Commissioners, and shall be the warrant for the making and sealing of Letters Patent under this Act according to the tenor of the said warrant; and no Bill, Signet Bill, or Privy Seal Bill, Writ of Privy Seal, or other warrant or authority whatsoever, save as herein provided, shall be necessary for or preparatory to the passing of such Letters Patent as aforesaid, the Act of the twenty-seventh year of King Henry the Eighth, chapter eleven, or any other law, or any usage, to the contrary notwithstanding provided always, that the Lord Chancellor shall and may have and exercise such