MESSRS. CARPMAEL AND CO.,

Patent Agents,

4, OLD SQUARE, LINCOLN'S INN,

LONDON.

Patents obtained for the United Kingdom, for France and other Continental States, and for America.

Advice on the Law of Patents for Inventions, Opinions on Cases of Infringement, and every assistance rendered to Patentees and Inventors. Specifications and Drawings for Patented Inventions prepared.

Inventors assisted in ascertaining the Novelty of their Inventions.

N.B. Correct Alphabetical Lists of all Patents granted from the earliest periods may be examined without charge.

THE

LAW OF PATENTS

FOR

INVENTIONS.

CHAPTER I.

OF LETTERS PATENT FOR INVENTIONS.

WE find in the earliest history of the manufactures of Great Britain, that it has ever been considered as part of the prerogative of the Crown to grant privileges of an exclusive character, as a reward to individuals who have been the first to introduce manufactures into this country. These grants may be said to be the origin of the laws of patents for inventions, and at the same time it may be safely stated, that we are indebted for the commencement of weaving woollen and linen fabrics, as well as for many other branches of our manufactures, to the privileges thus offered to foreigners to bring their

B

arts to this country, for it should be understood that, at the early period now spoken of, few manufactures originated with the natives of England. At that period this country might be said to be warlike, its inhabitants looking with a degree of contempt on the peaceful manufacturers, at the same time often taxing them heavily to carry on the wars; and hence privileges of incorporation, as compensation, were granted, by which all persons, within certain districts, were prevented carrying on a manufacture, unless free of a particular corporation.

So long as exclusive privileges were granted only to persons bringing new manufactures to this country, or to natives or others, for originating new inventions, these rewards from the Crown tended materially to advance trade. But a practice of another character was by degrees engrafted on this branch of the Crown's prerogative, that of granting to favourites, and also to others, exclusive rights for the sale of various articles of commerce. To such an extent had this abuse of the prerogative been carried in the reign of Queen Elizabeth, that public prosperity was sinking under its baneful effects. On the subject being brought to the notice of the House of Commons in that reign, it was stated that salt, iron, powder, cards, train oil, sea coal, brushes, pots, bottles, indeed almost every branch

of trade, was carried on by virtue of a monopoly, which had been granted by the Crown, either to favourites, or to others, for money to replenish an exhausted treasury. The examination into these improper grants called forth very decided expressions, from various members of the House of Commons, which induced Her Majesty to send a message to the House to the effect, that all monopolies should be cancelled; and many of them were put an end to; but it was not till the reign of James I., that such grants were actually destroyed, and prevented for the future, by the famous Statute of Monopolies (21st James I., c. 3), by which all monoplies were declared void; at the same time, defining the King's prerogative, in respect to the description of grants which might legally be made; amongst these were patents for inventions, which had theretofore been granted for twenty-one years, to use new manufactures, it enacted that patents should in future be granted for not more than fourteen years for "any manner of new manufactures." This Act at once eradicated the system which had been so long and so prejudicially pursued.

Having thus given a concise outline of the origin of our present law of patents for inventions, it will be desirable to consider the meaning of the word "monopoly," it being often