to claim it as mainly due to those labors—had
been to propagate and spread abroad a fact and a feeling
entirely opposed to the false doctrines previously
current on the subject, namely, that among our most
valuable laws were those which could excite the intelligence
and reward the labors of the inventors of all nations.
There were still those who wished to see the patent
laws swept away, but their numbers had dwindled into
a miserable minority, composed mainly of manufacturers
who were so curiously short-sighted as not to see
that all improvement in manufactures must come from
inventive talent, or those who, still more blind, could
not perceive that property created by brains was certainly
not a monopoly, and deserves protection quite as much
as any other form of possession, in order that it
may be developed by capital. He need scarcely
waste time in pointing out the fallacy of refusing
to pay for the seed corn of industrial pursuits, for
that fallacy, bit by bit, had been completely swept
away, and last year the labors of the institute had
been so far crowned with success that the President
of the Board of Trade, in his place in Parliament,
announced his conviction that “inventors were
the creators of trade, and ought to be encouraged
and not repressed.” Such a conviction, forced
home in such a quarter, ought to have produced a great
and beneficial change in the legislation on the subject,
and the hopes of inventors were that this would surely
be the case; but when the bill appeared these hopes
were considerably depressed, and now, after a year’s
experience of the working of the changed law, scarcely
any benefit appears to have been obtained, beyond
the meager concession that the heavy payments demanded,
for an English patent may be made in installments
instead of lump sums. Against this infinitesimal
concession had to be set a number of disabilities which
did not formerly exist, such as compulsory licenses,
which disinclined the capitalist to invest in inventions,
attempts to assimilate the provisional specification
to the complete, or to restrict the latter within the
terms of the former, attempts to separate the parts
of an invention, and thus increase the number of patents
required to protect it, and many other minor annoyances
which would take too much time to explain fully.
It was true that there was some extension of the time
for payment—some such locus penitentiae
as would be accorded to any debtor by any creditor
in the hope of getting the assets; but the promised
spirit of encouragement to inventors was not to be
found in the bill; it was still a boon which must
be earnestly sought by the institute.