“Cooke and Wheatstone derived, I believe, a large sum of money

from the electric telegraph; and I believe you will find fifty

people who will say that they invented it also. I suppose it

would be difficult to trace the original inventor of anything.”

Sir W. Armstrong speaks regarding that frequent case—

“An idea which is present to the minds of very many persons

at the same time. Without any reference to his competency

to develop that idea, and to give it practical value, he is

allowed to have a monopoly of it, and thereby to exclude all

other persons.”

He points out that—

“As soon as a demand arises for any machine, or implement,

or process, the means of satisfying that demand present

themselves to very many persons at the same time, and it is

very unfair, and very impolitic I think, that the person who

gets first in the race to the Patent-office should have the

means of preventing all others from competing with him in the

development of that particular means of process.”

Mr. Grove, Q.C., eminent in science as in law, hints at a remedy:—

“I am speaking of classes of inventions which, if they may be

called inventions at all, would inevitably follow the usual

course of trade and the fair scope which every man should have

for modifying or improving his commodity. I would not shut out

the public from those things. I would exclude from Letters

Patent those changes which would naturally follow in the

ordinary uses of the machines. I would not prohibit a tradesman

from exercising the same ordinary skill in using his machine

as we should all be expected to exercise in anything which we

happened to make or from changing its form.”

Another question as naturally thrusts itself forward, How far have we

benefited by having more Patents? Although the Act of 1852 has greatly

multiplied the number, Mr. Woodcroft, the intelligent head of the

Patent-office, gives the following answer:—

“There has been no considerable increase of bonâ fide Patents

compared with the old law?—No.”

Very suggestive are the following observations of Mr. Grove, as showing

which are the kinds of invention, so-called, that pay best, and how

absurd, if people would reflect, they must consider our present mode of

rewarding and stimulating invention:—

“A Patent may be an extremely valuable invention; for instance,

the manufacture of aluminium is of the utmost importance,

but it was of very little trade value for a long time.

When aluminium was first made what I may call a practical

manufacture, it was of no value to any tradesman at all; it

would take probably ten or twenty years before such a thing

could have any approach to practical value. On the other

hand, the most frivolous Patent—the turn of a lady’s hat, the

cutting of a shirt-frill, or a new boot-heel—may be of very

considerable value, from the number of bootmakers all over the

country who would have to order it, every one of whom would pay

an extremely trifling licence duty, and therefore the Patent

would be a very good Patent to the patentee. In my judgment

those are not good subjects for Patents, and there the opponent

would have no interest equivalent to that of the patentee to

meet him.

“Although I know that the Law Courts have come step by step to

include a greater number of inventions, yet I should not call

an improvement in a shirt-frill, that is to say, a peculiar

method of cutting the little puckered linen which is sewn and

used for shirt-frills, or a particular shape of the brim of

a lady’s hat (I am speaking of existing Patents), a proper

subject for a Patent.”

The following is from the evidence of Sir Francis Crossley, Bart., M.P.:—

“A Patent was taken out for simply putting india-rubber at the

end of a glove, so as to make it tight round the wrist; that

might have been considered a frivolous Patent, but I believe

that it was thought to be a very good one in the trade, and it

was new and useful.”

So Mr. Richard Roberts, of Manchester—

“In the case of an improved button, the Patent pays very well.”

Of another class of illegitimate Patents, Mr. Newton, the eminent Patent

Agent, says:—

“Patents for obvious applications.—I may take for instance the

use of alpaca for covering umbrellas. There is no invention in

it.”

In 1851 Mr. Carpmael was as distinct and condemnatory:—

“A multitude of things for which Patents are granted have no

invention in them; in nineteen cases out of twenty, if there

were cheap Patents, they would be for things which already

exist, and people would only use Patents for the purpose of

advertisement and publication.

“If you grant a Patent, and give to a man the means of

advertisement, for a small sum of money, he will not

investigate it in the slightest degree in the world; he does

not inquire, and does not wish to inquire, but he goes and

spends his money, and then he advertises, because the Patent

appears to give him a standing different from his competitors

in the same way of business.”

In 1829 Mr. Farey, Patent Agent, went further:—

“I have urged the utter worthlessness of their Patents, but

they did complete the specification; they have sometimes

acknowledged, and said perhaps they might nevertheless sell the

Patent to some one who did not know that fact.”

Mark now how Patents hinder progress in manufacture. Hear Mr. Brunel:—

“Take the Electric Telegraph Company. I believe we should

have had that telegraph much improved, and that it would be

working much cheaper, and that we should have had it all over

the country, but for the misfortune they laboured under, of

having Patents which they were obliged to protect; and they

were obliged to buy up everybody’s inventions, good or bad,

that interfered technically with theirs. I firmly believe that

they have been obliged to refrain from adopting many good

improvements which they might have introduced themselves, but

did not, because they were afraid that it might shake their

Patent; and I believe that the stoppage put to inventions by

this state of things is far greater than would result from

secrecy.”

The same is certified by Sir W. Armstrong:—

“I am quite satisfied that a very great number of inventions

which have remained inoperative for years and years, many

of which I could easily name, would have been brought to

perfection very much sooner if it had been open to all the

intellects of the country to grapple with the difficulties of

them.

“May we take it that under the present system, if a man has

obtained a Patent with little or no inquiry, although that

Patent would not stand investigation if opposed, yet if the

patentee is content to impose a moderate tax upon those who

want to use his invention, they will pay that sum without its

being worth anybody’s while to contest it?—Yes.

“Do you believe that the cases of that kind are very

numerous?—Very numerous, and the cases are still more numerous

in which the existence of a monopoly simply has the effect of

deterring other persons from following up that particular line

of improvement.”

Another effect is the restraining of publication. Hear Mr. Richard

Roberts’ thrilling representations:—

“I have a list of something like 100 inventions that I should

have patented thirty or forty years ago, but for the cost.

“I could mention one by which many lives would have been saved

if I had had a Patent for it.

“I very rarely make models, but I had one made for this. It was

made many years ago. I invented it in 1830, and I mean to say

that, if it had been put into practice, things would not have

happened which have happened, and which have caused the loss of

many lives, as connected with railways.”

I adduce this evidence to prove that inventions actually made are kept

back just now. I don’t require to go far for a party who has two or

three small inventions (not connected with his own line of business);

but—such is our “system”—no ready means to publish, and so has for years

kept them back. But a more remarkable instance is present to my mind.

Since about twenty years the same party, having been then consulted by

an _employé_ of a house near Birmingham, is the reticent possessor of an

inventor’s secret. That inventor’s name he does not know. His invention

is ingenious, and may be practicable. It affects an article of universal

consumption, and, so far as I know, has never been patented or thought of

by anybody else than he who confided the secret, nor introduced to use

by him, although, in my opinion, sufficiently promising to be worthy of

attention.

One of the ways in which Patents hurt trade is shown by Mr. Platt:—

“Are there not some large manufacturers who like to keep the

monopoly of a Patent in their own hands, who obtain money and

go on manufacturing without granting licences to others?—Yes.”

Sir W. Armstrong testifies to this power to refuse licences:—

“Is it not the case that such possessor could refuse you a

licence, and so prevent you from making the improvements

altogether?—Certainly he could.”

Lord Chelmsford confirms the legality of this procedure:—

“If he chooses to work the Patent himself exclusively, it is

only doing what the law permits him to do.”

Where there is not downright refusal, Sir W. Armstrong shows that

patentees ask too much:—

“I have known patentees very exorbitant in their demands for

licences—far beyond the merits of their inventions.

“In that case the power of fixing an exorbitant price, really

preventing the use of the article altogether, operates very

disadvantageous to the public?—No doubt of it.”

So Mr. Newton:—

“The claims of patentees are very frequently, and I may say

generally, excessive, and beyond the real value of their

inventions; but there may be cases in which new conditions of

things arise, and the invention, if invention it may be called,

becomes a matter almost of necessity, and the public must have

it. The case which has been put, I think, is a very strong one,

in which a public company or a large capitalist buys up all the

existing Patents, and thereby acquires a power which may be

exceedingly oppressive.

“... I have seen much folly in the refusal of licences. I

introduced the sewing machine into this country. I sold it for

a small sum, and I offered some years afterwards to the owner

of the Patent as much licence-money as 10_l._ per machine, and

that was refused.

“A poor man invented and patented the making of ‘cock-spurs’

(supports for dishes and plates while submitted to furnace

heat) by means of dies, and established a small business upon

the manufacture. Some years later a gentleman improved upon

the invention so far as to make the cock-spurs 500 at a time

instead of singly. The earlier Patent being brought to his

notice, he desired to make terms with the original inventor,

and offered him a liberal sum, together with the sole right to

sell the new manufacture in his own locality (the potteries).

He could not, however, be brought to accept these, or indeed

any terms; but, contrary to advice, commenced an action for

the infringement, and was cast by reason of an unimportant

claim in his specification being untenable.”

As a preventive of this abuse, and almost as a _sine quâ non_ in the

Patent system, “compulsory licences” have been proposed (see the

proceedings of the Social Science Association, 1858, 1860, ’61, ’62, ’63,

’64), but the Royal Commission has reported against them as impracticable.

No wonder, then, that it is said the system hurts inventors themselves,

even those inventors who are patentees:—

“Nothing could work greater injustice _qua_ the inventors

themselves than the present Patent-Law does. Many most

meritorious inventors under the present Patent-Law are utterly

ruined, enrich others, and never pocket a farthing themselves;

therefore the present law is as unjust as a law can be in its

practical working.”

Listen to the elder Brunel:—

“Almost invariably when the Patents come before the public, the

beneficial interest in them is not held, to any great extent,

by the original inventor, but that it has changed hands many

times before it comes out before the public. I should say that,

in the majority of cases, the original inventor gets little or

nothing. In most cases the original inventor has a very small

beneficial interest left in it, and in most cases I doubt

whether, even in Patents that are saleable, he is much the

gainer on the whole, taking into account his previous loss of

time and money.”

Sir W. Armstrong points out how, and how much, poor inventors suffer:—

“I have every week letters from inventors, and I dare say you

have the same; I have scores of them. Poor men very often come

to me imagining that they have made some great discovery. It

is generally all moonshine, or, if it looks feasible, it is

impossible to pronounce upon its value until it has passed

through that stage of preliminary investigation which involves

all the labour, and all the difficulty, and all the trouble.

Many a poor man is ruined by fancying he has made a discovery

which, by means of a Patent, will bring him a fortune. He loses

all relish for his usual pursuits, and sacrifices his earnings

to a phantom.”

Mr. Spence agrees:—

“I do not believe that any system of law could be devised which

would enable a poor inventor in this country to fight his own

battle. He can only fight it by interesting some capitalist,

more or less wealthy, in the probable promise of his invention;

the result is, as all know, that some ninety-eight out of every

hundred Patents end in loss to the parties and are worthless to

the public.”

Mr. Grove leads to the same conclusion from another point:—

“If the patentee himself was a wealthy man and a large

manufacturer, having 20, 30, or 40 Patents in his possession,

he would struggle to the utmost to maintain his Patent; he

would retain the ablest advocates and the ablest scientific

witnesses; and there would be no chance of repealing the Patent

unless the person opposing it had something like an equality

of purse to go into the field. You never could get the battle

fought if one side was wealthy, without the opposite party

having something like equal powers to oppose him.”

Mr. Brunel thus states his conclusion:—

“I believe them to be productive of almost unmixed evil with

respect to every party connected with them, whether those for

the benefit of whom they are apparently made, or the public.”

I proceed to call attention to the effect of Patents as seen and felt

in Government establishments. Before doing so I quote experience in a

private shipbuilding-yard.

Mr. Hall, the eminent builder of the Aberdeen clippers, says:—

“As the sailor with his pockets full is a prey to the crimps,

so is a ship-contractor a prey to Patent-mongers—patent

windlasses, patent reefing apparatus, patent blocks, patent

rudders, patent chain-lifters, patent capstans, patent steering

gear, patent boat-lowering apparatus, patent paints, and

numberless others, all attempting to hook on to the poor

contractor. This would be no grievance, were we not aware that

most of them are patent humbugs.”

Like many others, he thinks it very doubtful whether the inventor

“Would not be as well without a law which still allows the

strong to prey on the weak.”

The following is from the evidence of the Duke of Somerset:—

“I appear to bring under the notice of this Commission the

great inconvenience to the Admiralty of the present state of

the law. The inconvenience consists in the apparent facility

with which persons can obtain Patents covering a very large

number of different inventions under one Patent. For instance,

there is a Patent which one gentleman obtained some years

ago in building ships for a combination of wood and iron.

Now, it is almost impossible to build ships in these days

without a combination of wood and iron. Therefore a Patent of

that kind, where it is wide-spread, as it is in this case,

brings us continually under difficulties with this patentee.

Whenever we apply wood and iron, he is watching to see whether

or not his Patent is invaded, and he complains and says that

different improvements which we have made without any notion

of his Patent have been infringements of his Patent rights....

We do not know what Patents are now lying dormant; we never

move without knocking against several. I think that we are

stopped at every turn.... In the case of the screw-propellers

the Admiralty, in 1851, purchased five different Patents,

hoping that they should have peace by that means, but they had

all sorts of claims afterwards; they were told that they had

infringed different Patents, and they have had to pay for other

Patents since.

“Persons run and take out a Patent for what they think is

going to be done in that way. There are a great many in the

case of iron ships. I think that when the Warrior was built

there were five or six persons who all said that their Patents

were infringed, though I believe that, when the Warrior was

designed, none of their Patents were known to the designer, and

they had never been used.... They showed me different forms

of shot which had been made in the Arsenal a great many years

ago, but all of which had since then been patented by different

persons, who claimed these forms of shot under their Patents.

“Then there are cases of disputed claims by rival inventors,

which are embarrassing to a department; we do not know who has

a claim to a Patent, and sometimes when we buy a Patent of

one person we are told that we have done a great injustice to

another. I remember that when we paid for the Griffith patent

screw, which was cutting off a small portion of the screw, I

had repeated letters from Sir Howard Douglas, telling me that

it was a great injustice to him; that he had invented all

this, and that his fame was diminished, and that his rights

were taken from him by the Admiralty, who had most unjustly

and unfairly paid Mr. Griffith. Those cases are continually

arising, and of course they are very inconvenient for a

department: they not only take up a great deal of time, but

they very often prevent some very desirable process being gone

on with.”

Admiral Robinson said—

“There have been twelve upon the construction of ships since

1861.

Mr. Bush Construction of ships.

Mr. J. Clare Construction of ships.

Mr. P. Drake Construction of ships.

Mr. A. Lamb Construction of ships.

Mr. W. Rae Keels, stern posts, &c.

Mr. Thomas and Col. De Bathe Mr. G. Clarke’s target.

Mr. Truss Animal fibre. Armour plates.

Mr. Beslay Preservation of iron.

Capt. Wheatley Position of guns in ships.

M. De Lapparent Carbonising timber.

Commander Warren Bow rudder.

Mr. Feathers Construction of ships.

Messrs. Woodcraft, Smith, Ericsson, Purchase of Patents for screw

Lowe, Blaxland, and Mr. Currie. propellers.

Capt. Carpenter Screw propeller.

Capt. Trewhitt Disconnecting apparatus.

Mr. Griffith Screw propeller.

Mr. J. O. Taylor Screw propeller.

W. Ireland Cupola.

Messrs. Laird and Cowper Trimming coals in ships.

—— Distilling apparatus in ‘Defence.’

“In those cases the patentees claimed compensation for

infringement?—Yes; and it was necessary for the Admiralty to

have recourse to their solicitor, and to enter into a very long

correspondence.

“It is very possible that you may infringe upon these Patents

without knowing it?—Constantly. The inconvenience which the

Duke of Somerset has mentioned resulting from Patents applied

to shipbuilding is so very great that it is scarcely possible

to build a ship, being a combination of wood and iron (and

you always have some of each in a ship), without treading

upon somebody’s Patent; and I am entirely of opinion that the

Patents are drawn up for that especial purpose, without any

idea of their being practically applied for the benefit of

the public, but only that the patentee may lie in wait for a

colourable evasion of his Patent taking place.”

Now I present the evidence of General Lefroy, deputed by the War-office:—

“The expectations of patentees are very extravagant, generally

speaking, and prior to trial it is very difficult to determine

at all what is the value of an invention. As an example, a

gentleman some time ago made a great improvement in cooking

apparatus, and he assessed his own reward at a large portion

of the whole saving in fuel which might be effected by the

application of this improvement to an enormous extent upon the

whole military consumption of the Crown, which would have come

to many thousands of pounds. Such an improvement should not be

assessed by the value to the Crown, but by what it cost the

originator in intellectual labour or previous experiment, and

its importance in a large sense.”

Let me next cite Mr. Clode, Solicitor to the War-office:—

“If he has not the power either of keeping those improvements

perfectly secret, or of securing them to himself by Patent,

then the War-office authorities are placed in the position

of having in all probability to pay private individuals for

inventions or improvements actually made by their own officers.”

Next Mr. Abel, F.R.S., Head Chemist to the War Department:—

“In your experimental inquiries, when you have happened to

fall upon any discovery, you have not been much annoyed by

claimants saying that they have had precedence of you?—Not at

all, and it is to that that I referred in my first answer.

We do not meet practically with those embarrassments during

experiments, but we may meet with them in applying the details

of improvements. For instance, I am at present engaged upon the

working out of the application of gun cotton, the whole details

of which application were communicated as a great secret to

this Government by the Austrian Government.... While every care

was taken by this Government to keep them secret, a Patent was

taken out in this country for the whole improved process of the

manufacture.”

Mr. Clode again:—

“Some time after I commenced these experiments, while they

remained a perfect secret, and while every care was taken

by this Government to keep them secret, a Patent was taken

out in this country for the whole improved process of the

manufacture.... One of them who is present is experimenting

upon gun cotton, but it is with him a matter of extreme

embarrassment to know how to deal with the subject; if he

discloses by way of specification all that he knows, he sends

the invention or discovery he has made away to the winds—the

very night that it is put upon the file it goes to Paris,

Dresden, Berlin, and elsewhere. If he does not do that, he is

afraid that some man will find out precisely what he has in

view, and put a Patent on the file, and tax the Government in

that way. So that we are upon the horns of a dilemma.”

If I were now to stop, and say not a word more, I might trust to the

candour of the House for an admission that the case against Patents is

proved, on the ground that the conditions of the Statute of Monopolies

have been systematically violated, these violations being of the very

texture and vitals of the institution.

But I proceed. If the House permit, I will now advert to the new

phases the question has assumed since the inauguration of free trade,

understanding by that term _le libre échange_, and not _la liberte du

travail_.

The pernicious effect of home Patents on trade with our Indian empire, is

stated thus by Mr. Rendel, in 1851:—

“As engineer to the East India Railway, we had a little

inconvenience the other day; we wanted to manufacture articles

patented in this country, and we would have had to pay

Patent-rights; it was a question whether we had not better buy

the iron in India, and avoid the Patent-rights. Those cases,

I think, are constantly occurring. The Patent-Laws not being

applicable to India, people will not unfrequently order things

to be manufactured in India to avoid the licence dues in this

country; and the consequence was that I made an arrangement

with the patentees at about one-half of the ordinary charge for

the Patent in this country.”

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