246 Memoir of the Life of EK Whitney. 



if the patentee succeeds in procuring the renewal of his patent, he 

 will be too rich. There is no probability that the patentee, if the 

 term of his patent were extended for twenty years, would ever ob- 

 tain for his invention one half as much as many an individual will 

 gain by the use of it. Up to the present time, the whole amount of 

 wh^t he has acquired from this source, (after deducting his expences,) 

 does not exceed one half the sum which a single individual has gain- 

 ed by the use of the machine in one year. It is true that considera- 

 ble sums have been obtained from some of the States where the ma- 

 chine is used ; but no small portion of these suras has been expend- 

 ed in prosecuting his claim in a State where nothing has been ob- 

 tained, and where his machine has been used to the greatest advan- 

 tage. 



" Your memorialist has not been able to discover any reason why 

 he, as well as others, is not entitl-ed to share the benefits of his own 

 labors. He who speculates upon the markets, and takes advantage 

 of the necessities of others, and by these means accumulates proper- 

 ty, is called " a man of enterprise" — " a man of business" — he is 

 complimented for his talents, and is protected by the laws. He 

 however only gets into his possession, that which was before in the 

 possession of another ; he adds nothing to the public stock ; and can 

 he who has given thousands to others, be thought unreasonable, if he 

 asks one in return ? 



" It is to be remembered, that the pursuit of wealth by means of 

 new inventions, is a very precarious and uncertain one ; — a lottery 

 where there are many thousand blanks to one prize. Of all the va- 

 rious attempts at improvements, there are probably not more than 

 one in five hundred for which a patent is taken out ; and of all the 

 patents taken out, not one in twenty has yielded a net profit to the 

 patentee equal to the amount of the patent fees. In cases where a 

 useful and valuable invention is brought into operation, the reward 

 ought to be in proportion to the hazard of the pursuit. The patent 

 law has now been in operation more than fourteen years. Many suits 

 for damages have been instituted against those who have infringed 

 the right of patentees ; and it is a fact, that very rarely has the 

 patentee ever recovered. If you would hold out inducements for 

 men of real talents to engage in these pursuits, your rewards 

 must be sure and substantial. Men of this description can calcu- 

 late, and will know how to appreciate, the recompence which they 

 are to receive for their labors. If the encouragement held out be 

 specious and delusive, the discerning will discover the fallacy, and 



