284 KANSAS CITY REVIEW OF SCIENCE. 



many times when there are circumstances beyond the control of inventors which 

 render it impossible for them to succeed ? One would at first suppose all that 

 was necessary to develop anything new would be to publish it to the world, then 

 the practical man would comprehend its value, and speed him on his way to suc- 

 cess ; but the history of almost every valuable improvement can be offered as a 

 striking illustration of the falsify of such a theory. Inventions that are now worth 

 many millions went begging for purchasers a few years ago at a mere nominal 

 price. If such inventions have to struggle for existence, is it not reasonable to 

 suppose that all did not get over the dead point, consequently that there are 

 many valuable ideas that are undeveloped and cannot be because they are com- 

 mon property, no one having any special interest in them. The present law is a 

 safe and conservative one and is well calculated to protect the inventor if he is 

 the original one. When the law was framed there was little cause of apprehen 

 sion concerning lost ideas, as there was a limited assortment with which to dis- 

 tract public attention. 



Any change recognizing this feature should be approached with great cau- 

 tion, as it would open a convenient way to the greatest injustice. In many cases 

 it would be difficult to tell when an art had passed into this neglected state, for 

 in some instances a few machines would be sufficient to supply all wants, but 

 if there was any doubt, patents need not be issued. Questions of as much im- 

 portance are constantly arising under the present law. It would probably be 

 wise to allow a considerable lapse of time from first evidence, or when patents 

 had been granted they certainly should be allowed to expire, although they are 

 frequently bought with no intention of developing them. This happens when 

 parties do not wish the trouble of a change and do not like to run the risk of 

 competition. The tendencies of patentees to sit down, as it were, on their inven- 

 tions was brought up in a late Congress as a plea to invade the exclusive right. 

 The argument was set forward on the part of certain corporations which would 

 be the first to avail themselves of such a privilege, but they could afford to part 

 with this one when they had secured a greater advantage. It is evident that the 

 right to be effective must be absolute throughout the term of the grant. The 

 philosophy that would regulate one's business is closely associated with commun- 

 ism and makes all ventures uncertain, yet there seems to be no good reason why 

 such theories may not again be revived when the patents expire, for it is certainly 

 a perversion of the spirit and intent of the law. 



Seeing with what adverse circumstances inventions labor in unfavorable 

 times, private misfortunes, public lethargy, unmitigated selfishness, it is not sur- 

 prising that some should fail of being developed. In case prior invention is the 

 difficulty met with, the problem is frequently complicated from the fact that the 

 idea is not only absolute but of foreign origin and may never before have been 

 known in one's own country, yet the court is governed by the theory that the 

 pubhc has gained by the investigation and that the matter must still remain in 

 obscurity or else take care of itself. Whatever may be said, the present Patent 

 Law is a good one and all such changes are attended with danger, and if we view 



