372 THE POPULAR SCIEXCE MONTHLY. 



EECEXT ADYAXCE IN THE LAW OF INTELLECTUAL 



PROPEETY. 



By benjamin VAUGHAN ABBOTT. 



THE indications seen during the past two years of advance in the 

 law protecting intellectual property are interesting and important. 

 This article will describe some of the more salient steps the legisla- 

 tion and lately reported decisions which are of interest to all friends 

 of practical science. That such readers have a general knowledge of 

 the system which has been established by Congress in order " to pro- 

 mote the progress of science and the useful arts" the patent and 

 copyright laws may be taken for granted. Without rehearsing prin- 

 ciples that have been long established, let us speak at once of matters 

 lately questioned or newly declared. 



During the last decade trade-marks became associated in the public 

 mind with patents, owing to the fact that in 1870, when a codified 

 statement of the patent and copyright laws was moved in Congress, 

 that body interleaved a chapter embodying a national trade-mark law. 

 This was done aj)parently on the theory that the three subjects were 

 so homogeneous as to warrant considering trade-marks embraced 

 within the constitutional power ; and this position stood unchallenged 

 for several years. But, when challenged, it was overthrown. The 

 Supreme Court pointed out that the power is limited to securing to 

 authors and inventors the right to their icyntmgs and discoveries y and 

 said that a trade-mark can not be classified either with inventions or 

 discoveries in the arts and sciences, or with the writings of authors ; 

 and that, if any law of Congress on the subject can be sustained, it 

 must be one limited to marks intended for foreign (or Indian) com- 

 merce. An act has been passed (March 3, 1881) conforming to this 

 view. It authorizes inhabitants of the United States or of any foreign 

 country which reciprocates to register trade-marks, and protects their 

 use in foreign (and Indian) commerce only. Trade-marks have thus 

 been distinctly dissociated from inventions, as they should be. 



' Just as naturalists pronounce it difficult to draw a distinct line 

 between plants and animals, so lawyers are finding confusion between 

 what is a book, what a machine. A new system of book-keeping, 

 consisting of a book of forms or blanks, the pages of which contained 

 ruled lines and headings showing how a merchant's account-book 

 might be prepared on a new and advantageous plan, was copyrighted ; 

 but the Court, when an imitator was sued, said that all that could be 

 secured under the copyright law Avas the right to print the introduc- 

 tory essay, and the particular columns and headings by way of sample. 

 To secure the control of the new system of book-keeping, the contriver 



