1871-] Thoughts Suggested by Patent Rights. 519 



occupies the minds of many persons, although it has come 

 before the public very rarely as yet, and the public do not 

 seem to know how much it concerns them. On one point 

 only we shall add a proposal, namely, expense. We 

 know from observation that the payments are felt to be very 

 heavy by many deserving and industrious inventors, and if 

 Government will not grant a diminution, it maybe, perhaps, 

 persuaded to allow these payments, or at least one of them, to 

 be made somewhat later than now. Probably the best way 

 would be to take the payments, with the exception of a very 

 small preliminary one, out of the profits of a patent, to be col- 

 lected as the income-tax is. A good patent might very well 

 pay a considerable percentage. We calculate, or at least 

 we conjecture, that 1 per cent on gains by patents cannot 

 be less at this moment than £20,000 ; and it would be 

 no hardship to pay 2 per cent, besides the ordinary 

 income-tax of course. This would be enough for all that 

 is required for registration, examination, and publication, 

 and there would be a pleasure in seeing payments made by 

 men who had prospered, instead of by poor men who had 

 nothing but hope before them. 



We may sum up the principal points : — 



1. A man's property in his own invention ought to be 

 protected as carefully as his property in land, or in houses, 

 or in any movable goods. 



2. As an invention when once explained is more readily 

 taken from a man than houses or lands, special protection 

 ought to be given, just as exposed property receives more of 

 the attention of the police. 



3. As inventions in the arts are made for the purpose in 

 almost every case of making money, it is not good to burden 

 them by exactions before the money is made. The true 

 principle would be to make the gains of the patent pay, not 

 all equally as now, but in proportion to the gains. This 

 would be paid with pleasure, and the Government would 

 receive the payment with pleasure, because it had given an 

 equivalent by affording the patentee special protection. 



4. There ought to be some discrimination in giving 

 patents. Even a little advice to persons might be useful. 

 When they come with their little fancies they might be 

 shown that it would be better to go home without a patent. 



5. A better mode of judging patent cases is required. 

 The scientific element has not its due position. It would 

 not be good to give it all the power. Scientific men have 

 faults like other men, and one is that they are apt to be 

 afraid of or to avoid ideas new to science, although these 



