Intelligence and Miscellaneous Articles. 153 



ever been rewarded by Parliament. The establishment, and con- 

 sequent profitable exercise of many inventions when made complete, 

 is often retarded and prevented by public [)rejudice, and ignorance 

 of their true value ; also by the opposition of workpeople, and the 

 fear that they may mutiny, in establishments where new inventions 

 are first practised. I could give many instances of such cases: 

 Mr. Eaton's, who invented the self-acting mule to put up by power, 

 is a strong one ; the few machines that he made, when I prepared 

 his specification ten years ago, have continued in profitable use ever 

 since, but no more can be got introduced. Also Mr. Morton, for 

 whom I made a specification in 1818, for a new slip to draw up ships, 

 in order to repair, instead of a dry dock. 



Will you state to the Committee what is the mode of proceeding 

 by a patentee when his patent is infringed ? — He must wait till he 

 gets unquestionable evidence of the fact of infringement, which is 

 often a very great difficulty. It facilitates the obtaining evidence to 

 apply to the Court of Chancery ; but if he has got good evidence, 

 he had much better come to a court of common law at once. 



What is the course of defence usually made by the infringer of a 

 patent? — The usual course (if unquestionable evidence is given of 

 the infringement) is to contend that the patent is bad in law. Such 

 defences almost always prevail ; it is so exceedingly difficult to main- 

 tain a patent, the grounds upon which a patent may be vitiated being 

 80 numerous. Several different defendants may act in concert, by 

 infringing the patent in every quarter, and making a common purse 

 to carry on the war; that is the best course for tiiem, because if the 

 patentee succeeds in one action, he must then try another and an- 

 other, till his money is all gone, and he can scarcely ever keep his 

 |)atent right alive to overcome them all. The few patents that have 

 been supported, have been commonly sustained by collusion with 

 the infringers themselves ; after one trial has decided that the patent 

 is not absolutely bad, they combine with the patentee to allow them 

 free use of the patent on moderate terms, and then, by making a 

 common purse, they prosecute and suppress all new infringements : 

 to effect that, they must keep up the appearance of law proceedings, 

 but defend themselves so as to let the patentee get a verdict, which 

 is only sham ; but, added to the common purse, it serves to terrify 

 new infringers, who are not allowed to have licenses or practice at 

 all, whereby the patent right becomes a close monopoly, instead of 

 a general practice paying a small rent to the patentee. If patent 

 rights were made more secure in law, and by less expensive pro- 

 ceedings, it would not suit the interests of patentees to enter into 

 such combinations, but, on the contrary, to promote the most 

 extensive and open use of their inventions, under licenses, at a 

 moderate tax. 



Supposing an incorrect specification has been made, what remedy 

 have the public besides that of using the invention ; have they any 

 means of setting the |)atent aside? — A scire facias may be brought 

 in the King's name against a patentee, calling on him to show why 

 his patent should not be repealed. 



.V. .V. Vol. 7. No. 38. Feb.lQSO. X Is 



