462 Proceedings of the Royal Society 
patent riglits, and tlie heavy tax levied from inventors, are ex- 
pressly maintained, in order to diminish the niimher of patents ; 
and the avowed reason for thus diminishing them is, that from 
their number and frivolity they interfere with the operations of 
tradesmen and manufacturers, by exposing them to actions for 
infringement.* 
That there are many patents not remunerating, and not imme- 
diately beneficial, is painfully true, when we consider how much 
they have cost the sanguine inventor. That there are any 
patents really frivolous or useless, in, the true sense of these terms, 
can be maintained only by ignorant or interested parties. There 
is no patent that does not contain a proposal to do something that 
is new, or to make some improvement upon what is old ; and there 
are many examples of apparently useless patents containing the 
germs of future and valuable inventions. There are cases even in 
which the invention stigmatised as useless has proved to be an 
essential element in a future patent, where the new patentee has 
piratically used it, and dared to complain that he has been prose- 
cuted for infringement. But there is a still more intelligible reason 
why no patent can be called useless. In bringing it into the 
market, workmen are employed, and materials purchased ; and even 
if the process, instrument, or machine thus offered to the public 
has no sale and no useful application, the hapless patentee has 
On this subject the commissioners make tbe following statement : — 
“ The evil arising from the multiplicity of monoplies is alleged to be of a 
twofold nature. In the first place, that of the existence of a number of 
patents for alleged inventions of a trivial character ,* in the second place, that of 
the granting of patents for inventions which are either old or 'practically useless, 
and are employed by the patentees only to embarrass rival manufacturers.'” — Report, 
p. V. London, 1865. 
These allegations submitted to the commissioners are not supported by 
specific facts, and are the mere opinions of interested parties. Before giving 
effect to such allegations, we may demand the following information : — 
1st. A list of alleged inventions of a trivial character. 
2d. A list of old patents that have embarrassed rival manufacturers. 
3c?. A list oi practically useless patents that have embarrassed rival manufac- 
turers. 
^th. A list of the embarrassments occasioned to rival manufacturers by old, 
trivial, and useless patents ; and, 
bth. A list of actions for the infringement of patents, with the grounds upon 
which their validity was challenged. 
