PATENT is the elliptical expression for Letters patent ; the writ in the king's name and under the great seal, which secures for a limited term, to the inventor, the ex clusive right to make and sell the material product of his invention. The word patent has come, in common lan guage. to signify, indifferently, the writ conveying, and the right conveyed. A patent is a monopoly, and with the exception of the copy-right of a literary publication, is the only one founded in natural right, and sanctioned by jus tice; all other monopolies are hostile to the principles of equality recognized in a free commonwealth, and destruc tive of that unrestrained competition which is essential to public prosperity. Founded on power alone, these unjust preferences have in most states, ancient and modern, oc curred to despotic princes as a mode of enriching their favourites, or raising a revenue ; and, although very op pressive to the rest of their subjects, they were a cheap boon from the sovereign. This blind and tyrannical policy had increased in England to such a height, during several previous reigns, to the time of Elizabeth, that it was con sidered by the parliament of James I. altogether incom patible with the prosperity of the country. This feeling produced the 2.1st of James I. c. 3, the well known ‘, sta tute of monopolies," the nomrn furls of that most important and beneficial law. The statute suppresses monopolies, by making void the future grants of all such as do not conic under the following pi oviso Provided also, and be it enacted, that any declaration before mentioned shall not extend to any letters patent and grants of privilege, for the term of fourteen years or under, hereafter to be made, of the sole working and making of any manner of new manufacture within this realm, to the true and first in ventor or inventors of such manufactures, which others, at the time of making such letters patent and grants, shall not use, so as also they be not contrary to law, nor mis chievous to the state, by raising the prices of commodi.
ties at home, or hurt of trade, or generally inconvenient." The letters patent which concern printing, saltpetre, gunpowder, great ordnance, shot, and offices, are likewise saved by the same statute.
The question of literary property in printed and pub lished books had not then arisen. We have considered that subject under its proper head, (LITERARY PRO PERTY.) The protection conferred by a royal patent is the re sult of a compromise. The natural or common law right to the exclusive benefit of one's own invention, is per petual ; but it being more for the public advantage that the invention shall be thrown open, after the inventor has enjoyed the exclusive benefit for a reasonable term, he is content, in return for certain protection, to give it to the public, when that term shall have elapsed. This period, by the statute of James, which is still the law, is fourteen years. In order that, at the expiration of that period, the public may be in possession of the invention, as benefi cially as it was enjoyed by the inventor, it is a condition of the patent, that the patentee shall put on public record a detailed description of the process by which the machine or substance is produced, so clear and explicit as to be in telligible to every artist conversant in practical mechanics or chemistry.
As it is important that an inventor, who is desirous of the privilege of letters patent, should know something of the law which is to regulate his right, a brief summary of the law of patents, as it now stands in England, claims the first place in the order of this article. The natural progress of meri•ing, soliciting, obtaining, and vindicating a patent, will keep our observations in clear arrangement, as well as within due bounds.
The statute gives the sole right of " working and mak ing" the subject of the invention, which, by established interpretation, as expressed in all letters patent, includes vending, so as to prevent the article, when made in a fo i eign country, from being sold in this.