PATENTS.

1WJ

APPENDIX No. XXI11.

liKi’ORT from Mr. PkteuLh Neve Foster upon the working of the “ Fkotkctkjn'

oe Inventions Act 1851 .”

Thu “ Protection of Inventions Act 1851,” was passed to remedy an evil arising outof the patent laws which was very early pressed upon the attention of tho promoters of theGreat Exhibition . At tho various public meetings which were held all over the country itwas a constant question by artizans and others how, uuder the existing (latent laws, theycould exhibit their inventions without forfeiting protection to tho fruit of their talent andskill. The patent laws were inexorable on the point ; and tho expense, difficulties, risk, anddelay in tho system rendered it impossible for a large class, and moro particularly tho poorerclass, to protect themselves by letters patent previous to exhibiting. I'liey would thus bepractically excluded from the benefits of tho Exhibition ; and the public would be injured bytho loss of tho knowledge which would otherwise bo added to the common stock. The Act,though not without some difficulty and opposition, was passed early in tho Session, and receivedthe ltoyal assent on the 11th of April 185 J. On the 14th 1 had tho honour of being appointedby tho Attorney-General to cany out the provisions of tho Act of Parliament, having for mycolluaguos Mi'. Thomas Webster, Mr. Robert Stephenson, and Ur. Lyon Playfair . We at onceturned our attention to render tho Act available with as little delay as possible. Tho prac-tical working of it fell principally into tho hands of Mr. Webster and me ; the other two gen-tlemen, from their varied and numerous engagements, being prevented giving constant, attentionto it. 1 am glad, however, to have an opportunity of recording tho valuable assistance theirgreat knowledge and skill afforded ns whenever they were called upon to act.

Ry tho Act of Parliament the Attorney-General, or such persons as ho should appoint to issuecertificates, on being furnished with a description in writing, signed by, or on behalf of, tho personclaiming to bo the true and first inventor, and on being satisfied that it .sufficiently describedthe nature of the invention, wore directed to grant a certificate for provisional registration. 'Phiscertificate was then registered with the Registrar of Designs at the Designs Office, SomersetHouse ; and from that date tho party obtained tho protection of tho Act, which enabled himto exhibit his invention in tho Pudding , and publish accounts of its details in newspapers,catalogues, and otherwise, without prejudice to tho validity of any lotters patent ho mightobtain within one twelvemonth from tho date of tho registration ot tho certificate. He hadpower to sell his invention, though not tho article invented. Py this means he could onlistin his behalf tho aid of tho capitalist who might deem tho invention worthy of being carriedout. lie also hud tho opportunity of ascertaining tho novelty and merits of his invention, byseeing the inventions of others, and learning tho opinions of those skilled in tho various1 (ranches of art and manufacture—a most valuable privilege, and ono which has been turnedto great account by a large number of inventors. This principle is so valuable, that 1 trust itwill not be lost sight of in any scheme of patent law reform ; indeed it formed part of the Pillfor that purpose as passed by tho Ilouso of Lords in the last Session of Parliament.

It is, indeed, specially worthy of remark how largo a number of persons availed themselvesof tho provisions of this Act of Parliament, far beyond anything that had been anticipated byits authors, and how mistaken in their views were those who, in their evidence before thoHouse of Lords Committee on tho Bill, ignored tho necessity of such an Act, in the belief thatscarcely a dozen persons would bo found to make application under it. The result showedthat botwoen tho 14th of April and tho 1st of May 1861, somowhoro about 800 applications forprotection wore made and certificates granted ; and during tho whole period that ilio Exhibitionremained open further applications were continually being made. lu tho wholo there wore (i!)lapplications, in respect of which <>20 certificates were granted, and of these it appears that 015only wore registered. Tims about 70 woro dropped, cither from insufficiency of their specifi-cations, or by the applicants becoming satisfied on our advice that any further proceedingswould ho useloss for want of novelty or otherwise. It must ho remembered, too, that wo hadno jiower to refuse a certificate, so long as tho conditions required by the Act of Parliamentwere complied with. All wo could do was to soo that tho specification deposited was sufficientto fix tho individual with his invention as specified and exhibited, so that in any subsequentlyacquired letters patent lie should got no protection for anything beyond tho exhibited inven-tion. That few persons have, up to the present time, proceeded to complete their protectionby obtaining lotters patent is no argument against tho beneficial working of tho Act. A verylargo number of tho inventions for which certificates were granted have, by tho publicationand exhibition of them, boen ascertained to possess neither novelty, practicability, nor com-mercial value, and have boon at once abandoned by their inventors without further waste oftime, and without that expenditure of money which, if the Act had not boen passed, musthave been squandered in obtaining letters (latent which tho information thus afforded demon-strates would have turned out to ho invalid. In the next place the unfortunate delay in car-rying a comprehensive system of (latent law reform, confidently expected to have passed the