THE UNITED STATES PATENT LAWS 377 



things, he had to stand by and see others enjoy equally with 

 him the benefits of his intellectual thought and effort. 



In the very earliest history, the right of property in 

 tangible things was recognized, but an exclusive right in 

 intellectual property, such as inventions and writings, was 

 not regarded as a natural right, and the right to such prop- 

 erty was only established as a result of advancing and im- 

 proved civilization. 



It seems that quite early in England the practice grew 

 up under which the crown, as a matter of grace and favor, 

 but not of right, granted to the inventor of a new manufacture 

 or a new art, the exclusive right for limited periods to his in- 

 vention or improvement, and it is reported that in the four- 

 teenth century, in the reign of Edward III. some wise sub- 

 jects of the realm, alchemists they were, invented or dis- 

 covered a philosopher's stone. A commission was appointed 

 by the king, consisting of two aldermen and two friars, who, 

 after an, investigation, which, of course, was very carefully 

 made, reported that the philosopher's stone possessed merit, 

 and upon this report the king granted an exclusive right to 

 the discoverers to manufacture and sell the philosopher's 

 stone. 



When the nature of intellectual property is considered, 

 it seems somewhat anomalous that rights of property therein 

 should not have been recognized from the very earhest times. 



Professor Shaler has said: ''When we come to weigh 

 the rights of the several sorts of property which can be held 

 by men, and in this judgment take only the absolute ques- 

 tions of justice, leaving out the limitations of expedience and 

 prejudice, it will be seen clearly that intellectual property 

 is, after all, the only possession in the world. The man who 

 brings out of nothingness some child of his thoughts has 

 rights therein which cannot belong to any source of property." 



Mr. Fessenden, in his work on patents, pubHshed in 1821, 

 says: "In a moral as well as in a political point of view, 

 the author of a new and useful invention has the best of 

 all possil)le titles to a monopoly of the first fruits of his inge- 

 nuity. The invention is the work of his hands and the off- 

 spring of his intellect; and after he is allowed a temporary 



