for olta'm'mg a Patent in France. 133 



bave the administration the embarrassment of a long and difficult 

 examination, and the responsibihty of a judgement which, if it 

 had been unfavourable, might have given rise to charges of par- 

 tiality or niahgnity: and on the other hand, to spare to inven- 

 ters the necessity of a communication, the abuses of which they 

 might dread. In fact, I he prtvioi/s examination would Inve 

 been completelv to the disadvantage of artists, since they must 

 have communicated, without any pledge of success, processes 

 the property of v.jiicli might have been snatched from them. 

 It would have been necessary to have submitted tliese processes 

 to commissaries following the same career with themselves, and 

 whose private interests^ prejudices, or spirit of rivaiship, might 

 sway their judgements. In the most favourable point of view, 

 the previous examination would therefore have had for a result 

 to dissipate some absurd projects and some futile inventions; 

 but the public, if they had been allowed to appear, would soon 

 have done jusvice to tliem ; and if the invention had been useless, 

 the patentee would have thrown away the expense of his brevet. 

 This motive is sufficient, we apprehend, to diminish in the minds 

 of artists, generally not very rich, the partialities which tiiey 

 have for their discoveries, and prevent them from presenting pe- 

 titions without any object. 



It remained to provide for the case in which a patentee should 

 make a dangerous use of his brevet, or one injurious to the 

 health or morals of the public. The laws of the 7th of January 

 and 25th of May have in this case provided the means of de- 

 priving him of a privilege which he migl'.t abuse, and even of 

 punishing him if he does. They have likewise pointed out the 

 iteps to be taken to deprive him of a right which he has usurped 

 over some thing already kiiovvn. ■ 



Nullity of Brevet's, and yhtthorities which d'cide vpon them. 

 The nullity of brevets is decided, according to circumstances, 

 by the administrative or judiciary authorities. The minister of 

 manufactures and conmierce decides upon it uhen the patentei 

 has not ))aid the balance of his fees, and when, the inventor 

 (without assigning a good cause for his delay) has not brought 

 his discovery into use within the space of two years. The tri- 

 bunals are to judge upon the disputes which may rise between a 

 patentee whowishes tu maintain his privileges, and any individuals 

 who pretend that his invention was known previously to the date 

 of his patent, either by being in use, or by description in i^ 

 printed work. The intcrestctl parties must therefore use all the 

 necessary and usual means to obtain a decision. In ordering 

 this measure to be pursued, the law considers the patent as a 

 property of whii h no person can be deprived without a due ob- 



I 3 servance 



