1 871.] Our Patent Laws. 101 



hour, because the barristers were busy with other matters. 

 The law itself being bad, the results of course are saddening. 

 We have heard that mercantile men have sometimes set about 

 conducting arbitrations in order to diminish the evil, but the 

 result has been that they have tried to imitate barristers, 

 and have of course been still more unfortunate. 



The " Journal of Jurisprudence " calls patents " trading 

 monopolies," quite forgetting, we think, the characteristics 

 and fine distinctions. Mr. Webster, Q.C., says, truly, that 

 people rush after patents for applications of some new idea 

 or invention. Yes, unfortunately ; and it is for lawyers to 

 give the true limits, if possible. 



Mr. Meadows has a horror of patent laws, and says " one 

 evades it (a patent) by designing something else, perhaps 

 as good in itself, but giving one infinite trouble without any 

 advantage to the holder of the patent." The patent here 

 must have been doubly good. So good that it was necessary 

 to imitate it, and two inventions were obtained for the 

 public instead of one. 



Mr. Hale has an objection to patents because so many 

 useless ones are obtained and they obstruct the trade. Why 

 use them if they are useless ? If you do not meddle with such 

 useless things they will not hurt you. 



Many known men are brought forward as being much 

 troubled by patents. Probably people had invented things 

 before them, unfortunately taking advantage of their priority 

 of existence by making prior inventions. 



One says that considerable inconvenience and great ob- 

 struction to the trade are caused by patents. 



One authority finds that many people are thinking of the 

 same thing, and it is not fair to give the patent to him that 

 first runs to the office. 



There may seem a hardship here ; we have known not a 

 few cases. We have picked many a much desired book from 

 a catalogue and sent for it. But some one had it before us. 

 Is there a scientific man, thirty years of age, who has not 

 had nine-tenths of his best ideas anticipated ? Did your 

 own friend not catch that fine trout which had run off with 

 your hook half an hour before ? Were there not a hundred 

 applicants for that situation and only one got it ? We must 

 not sink into helpless weakness. He who wins must enjoy. 

 Do not let us seek impossibilities or grow sick with sen- 

 timentalism. 



A witness from Liverpool finds it very hard to move in 

 any direction without treading on a patentee's toes. The 

 meaning of this we suppose to be that he cannot improve his 



