252 REPORT — 1861. 



brought before the Section ; and in the discussion that may arise on steam, on the 

 best form of vessels, on the ventilation of coal mines, navigation, and the other 

 subjects to which the papers before us promise to di-aw om- attention, I trust we 

 may all derive instruction and advantage, and find that the bringing together of 

 people from all parts of the country for friendly discussion, and for the mutual in- 

 terchange of knowledge, fully carries out the object of the Association for the Ad- 

 vancement of Science. 



On the Patent Laws. By Sir "W. G. Aeiisteoxg, F.R.S. 



Several instances within the author's experience were referred to of the ob- 

 structive operation of the law which enables an individual, before he has put his 

 invention into a practical fonn, to obtain a monopoly of the idea and then put a 

 stop upon all others who are directing their attention to the same subject. The 

 obstructive tendency of the Patent Laws is aggi'avated by the fact that, in addition 

 to the patents which are legally valid, there is an enormous nimiber incapable, if 

 properly opposed, of being enforced at law, but to which people quietly submit in 

 preference to troublesome and expensive litigation. This is a necessary consequence 

 of the patents being indiscriminately granted to all applicants without investigation ; 

 and it would be diiiicult to remedy this evil by any practical preliminary inquiry. 

 The number of patents, valid and invalid, is perfectly frightful ; and it is impossible 

 to make out with any certainty what one is at liberty to invent or use. The author 

 pointed out the difference between copyright and patent-right : though both ought 

 to protect the product of a man's mind, copyright neither created impediment 

 nor injustice, while patent-right did both. It could not be disputed that the Patent 

 Laws, in restricting the free use of ideas, obstructed invention, if, on the other hand, 

 they encom'aged it by holding out rewards. Thus the most that could be said was 

 that they pulled opposite ways ; and this could be no warrant to justify arbitrary 

 interference with liberty of action. Although the Patent Laws ought to be dis- 

 cussed solely in reference to public policy, it would be harsh to exclude from con- 

 sideration the interests of the inventor. He contended that as a ride an inventor 

 would obtain sufficient reward without giving him exclusive rights. If the mono- 

 poly were withheld, the inventor got the start of all others ; and the presumption 

 was, that, understanding his subject better than others, he would keep the lead. 

 The public have gi'eat faith in a name ; and a reputation duly earned is not easily 

 lost. Under any state of the law, hardships of inadequate reward must occur; 

 and these cases he considered should be met by grants from the State. He in- 

 stanced the inventor of the screw-propeller, who was unable to obtain any advan- 

 tage from the law, whilst another person, who conceived the simple idea of enabling 

 postage-stamps to be easily separated by punching a series of small holes between 

 them, was placed in a position to obtain an exorbitant recompense from the Govern- 

 ment. 



The author, whilst he admitted that the law was capable of amelioration by havinff 

 special tribunals for the grant and trial of patent-rights, compulsory licences, and 

 the abolition of the right to patent foreign mventions, yet he regarded the whole 

 system as unnecessary and impolitic, and could see no other complete remedy for 

 its evils than its entire abolition. 



Hallway Accidents, from Trains running off the Rails. By 6. Arnott, M.D. 



Inasmuch as the inertia of moving bodies causes them to continue in a rectili- 

 near direction, and when revolving in a circle this inertia produces what is termed 

 centrifugal force, the flanges of the outer wheels of a locomotive, in rounding a 

 curve, are by this force necessarily- brought in contact with the outer elevated line 

 of rail, the projections of the tires or flanges foi-ming the chief resistance to their 

 tendency to move oft' at a tangent. When in this relative position, however, should 

 anv disturbing force exist or arise, particularly one which produces a "jumping " or 

 rebound of the moving body, such as will elevate the flange to the- level of the 

 rail, a catastrophe, if the train is going at ordinary speed, becomes inevitable. 



Now, as the safety of the train so materially depends upon the flange, this should 

 be considerably deepened, and the rails also, where necessary, in a corresponding 



