THE AMERICAN APICULTURIST. 



181 



Patents. 



R. L. Tavlor. 



It seems there is a question arising 

 anioiij^ bci'lvcepcrs concerning tlie pr<>])ii- 

 ely of obtaining a |)att'nt on any arlicle 

 pertaining to bee cultnru. It is broadly as- 

 serted tiuit tlie beel<oepers of tliis country 

 are now gen<rally of tlie opinion that it is 

 not best lo obtain sncli patents. I i\novv 

 not on wiiat autiiority such assertion is 

 made, but I trust it is not true. I am 

 glad lo notice lliat tlie Apicultuuist has 

 boltlly clK'llenged the statement and it 

 seems to me tlie matter is of such great 

 importnuce practically as well as morally, 

 that I have ihonght it worth while to say 

 a word upon tlie topic. 



It appears plain to me that the patent 

 laws are boneftcent in their eflects to all : 

 to the inventor in protecting him in his 

 right to his own invention, and not less 

 so to others who reap the fruit of his 

 skill and study by reason of the laws fur- 

 nishing him an incentive to apply his skill 

 and study. Many are opposed to the 

 granting of patents but that is not a diffi- 

 cult thing to account for. Some are 

 opposed because they are themselves des- 

 titute of mechanical skill and so imagine 

 that a freedom to use tlie inventions of 

 others would be the most advantageous 

 thing for them. Others because, through 

 a spirit of general charity, they think, 

 though stumbled, perhaps, at the idea of 

 taking the thouuht, time and money of 

 the inventor without recompense, that the 

 greatest good to the greatest number 

 would come of alike freedom. Still others 

 are manufacturers of beekeepers' supplies 

 and aim to make and keep for sale every- 

 thing that is largely called for. Naturally 

 enough, such desire about all tiie profit 

 that can be obtained, and so would prefer 

 that the inventor have no legal right to 

 any part of it, and either shut him out 

 from all linancial benefit, or else only give 

 liim credit for a nonnnal sum to be tixed 

 at the discretion of the manufacturer, and 

 accepted as a gift. But all these overlook 

 the great fact that every party lo a tran- 

 saction taken as a whole must receive a 

 share of the profit, or transactions become 

 infrequent and business sufiers. The 

 drive wheels of a locomotive cannot say 

 to the other wheels, give us all the oil, for 

 that w'ould create friction and locomotion 

 would cease. 



It requires time, thought, labor and 

 money to make and perfect an invention, 

 and certainly the laboring inventor is 

 worthy of his hire. And if that is so, 

 should he not have legal protection in his 

 right? 



And then comes the dissemination of 

 the invention and the making plain its 

 functions and advantages. flow often 

 when an invention has been patented, and 

 its ilissemination begun does some one- 

 rise up and claim that he invented the 

 same thing long before. He did not be- 

 lieve in patents, perhips, and so seeing 

 no hope of adequate reward, let his inven- 

 tion sleep in secret. The other, having 

 hope of a reward, publishes his discovery, 

 and this so far as the public is concerned 

 is the chief virtue of an inventor. With- 

 out question, the knowledj^e of articles 

 patented is more likely to be tlisseminated. 



All effort is made througli some incen- 

 tive; and in the struggle for sustenance 

 and a competence, there is only one incen- 

 tive that moves all, and that is the hope of 

 gain. Who will say it is best to take that 

 incentive away? 



It is said that patents give an oppor- 

 tunity for the commission of frauds. If 

 that were true shall we abolish genuine 

 money because it gives an opportunity 

 for counterfeiting? But it is not the pa- 

 tent on an al'ticle that gives the power to 

 perpetrate fraud. That is rather a safe- 

 guard, as the fee prerequisite to the use 

 of the invention begets caution and care- 

 ful examination. Fraud is accomplished 

 through the effort made to disseminate a 

 worthless article. To the simple, the fact 

 tliat an article is prochiinied as unpa- 

 tented, smacks of honesty, and they are 

 easily caught by bait having apparently 

 such an aroma. Thus, through advertis- 

 ing and other active efforts, a certain hive 

 which is very inconvenient in use, and its 

 making very laborious, and which is dis- 

 carded by almost every beekeeper having 

 bees in any considerable number, as soon 

 as he gains a little experience, is now sell- 

 ing to beginners more extensively than 

 perhaps any other hive. Practically it 

 operates as a fraud to a greater extent 

 than all other beekeeping articles with 

 patents real or pretended combined. I 

 speak from experience with the hive both 

 practically and financially. A patent on 

 the hive instead of increasing the injury, 

 would have lessened it very materially. 

 A few dollars' charge for individual rights 

 has a wonderful effect in suggesting cau- 

 tion in the adoption of new ilevices. 



Smokers furnish another case in point. 

 The ones protected by patent are decid- 

 edly the best, and the ones heralded as 

 unpatented are the ones to be shunned. 



It is also objected that inventions are 

 the work of many minds, and, therefore, 

 a single person should not be allowed a 

 revenue from them. It is true, no doubt, 

 that inventors draw upon tlie common 

 fund of knowledge amassed by others, but 



