PATEN4'.. This term is applied to certain privileges which are granted by the Crown by letters patent. [1...srmas PATENT.) The object of such privileges is to encourage useful inventions. Before applying for a patent for an invention, two considerations are necessary : first, what is entitled to a patent ; and next, whether the invention has the requisite conditions.
In the first place, the machine, opera tion, or substance produced, for which a patent is solicited, must be new to public use, either the original invention of the patentee, or imported by him and first made public here. A patent may be ob tained for England. Ireland, or Scotland, although the subject of it may have been publicly known and in use in either or in both of the other two countries.
In the second place, the subject of the invention must be useful to the public, something applicable to the production of a vendible article, for this is the con struction put upon the words " new ma nufacture" in the statute of James I. The discovery of a philosophical prin ciple is not entitled to such protection ; such principle must be applied, and the manner of such application is a fit subject for a patent.
Inventions entitled to patent may be briefly enumerated as follows : 1. " A new combination of mechanical parts, whereby a new machine is pro duced, although each of the parts sepa rately be old and well known.
2. " An improvement on any machine, whereby such machine is rendered ca pable of performing better or more bene ficially.
3. " When the vendible substance is the thing produced either by chemical or other processes, such as medicines or fabrics.
4. " Where an old substance is im proved by some new working the means of producing the improvement is in most cases patentable." If the inventor think that the machine, operation, or substance produced comes under any of these enumerations, and that it is new, and likely to be useful to the public, he may enter a caveat at the Patent Office, and at the offices of the attorney-general and the solicitor-general, in the following form:— "Caveat against granting letters patent to any person or persons for (here de scribe the invention in the most general terms), without giving notice to A. B.,
of , in the county of DI • (Date.) These caveats stand good for twelve months, and may be renewed from year to year : the fee for entering such caveat is 5s. at each office.
As soon as the caveat is entered, the inventor may find it necessary to obtain the assistance of workmen or others, in order to carry his invention into effect; and if in doing this he should make known to them his invention, he will not thereby lose his right to a patent. Any communication which is necessary for carrying his ideas into effect is not con sidered such a publication as would of course vitiate his right. But though the inventor is thus protected in his experi ments, and is safe while dealing with honest people, he is not protected against fraud. If a person in the secret should make such invention public, or cause it to be used by several persons between the time of entering the caveat and the next stage of proceeding, that of sending in the petition, no patent could be ob tained, as the declaration that accom panies the petition could not be made, or, if made, would be untrue. Again, if such workman, instead of making it public, wera to give to some other person the necessary information, the latter might upply for a patent for such invention as his own; and if he could succeed in con cealing the source of his information by a false declaration, he might force the real inventor to allow him to participate in such patent, or to forego it altogether. The caveat can do no more than prevent any one from stealing the ideas of an inventor and appropriating them to his own use, to the exclusion of the inventor ; and it will also ensure notice of any ap plication for a patent for a similar inven tion, and in some cases prevent the ex penditure of time and money upon a object for which no patent could be obtained. If any one apply for a patent, the title of which is similar to that con tained in the caveat, the attorney or so licitor general will send a notice of such application to the enterer of the caveat, who, if he should think such application likely to interfere with his invention, must, within seven days from the receipt of the notice, state in answer his inten tion of opposing such patent.