ventions, but a condition is annexed which is not imposed upon other patentees, viz. that they shall forfeit their patents in case they shall, for the space of eighteen months, fail to put or continue their invention on public sale on reasonable terms in the United States. The object of this provision apparently is to prevent foreigners from taking out patents here, merely to prevent their inventions from being practised by others in the United States, that they may thus command our market for a supply, from a foreign manufactory, or, in other words, secure a foreign monopoly of our market. This is a very reasonable condition, in regard to this sort of patents.

The French law imposes a similar condition on all patents, by providing that they shall be forfeited if the invention be not reduced to practice within two years, though it does not require the continuance of the use for any particular period. The ground of this provision may be the presumed abandonment of the invention by the inventor, so that the words of the law, if they expressed its principle, would be that a patentee who does not reduce his invention to use within two years from the date of his patent, shall be presumed to have dedicated it to the public. The law of the Netherlands follows that of France."

Law of Jan. 25th, 1817, art. 8.

laws of Austria and Spain are still more strict, and require the invention to be reduced to practice under the patent within one year, under penalty of forfeiting the privilege. The law of Great Britain has no such requisition; nor has that of the United States, excepting in the case above mentioned, of an alien patentee domiciled abroad.

A question was raised in the investigations of the special committee of the British House of Commons in 1829, whether patents ought to be granted for patterns for calicoes, ribbons, &c. But this seems rather to be a question under the law of copyright.

Another difficult subject of legislation relates to the novelty of the invention. The very term invention implies novelty, but where must it be novel and when must it be so?

The English, French, Belgian, Austrian and Spanish laws are satisfied if it is novel within the country; if it has not been described in any printed work at home or abroad, then, though it may have been practised abroad, still it is a good subject of a patent by either of those laws. Some of the laws go farther; in England the invention is new, though described

$ Austrian Decree of Dec. 8th, 1820, ch. 4, art. 23; Spanish law of March 27th, 1826, art. 21.

7 Rep. p. 27. 34. 90.

abroad in a work circulated abroad, if not described in some publication circulated in England, and it has not been used there. According to the French law, if the thing has been described in any printed and published work, whether in France or elsewhere, it is no longer novel.R And M. Renouard considers a publication in the French or a foreign language to have the same effect. The Austrian, Belgian," and American laws agree with that of France." That of Spain, has a peculiar provision, namely, that the invention, as far as its novelty is to be affected by a previous publication merely, is to be considered novel, unless it is described in some book, engraving, picture, model or plan in the Royal Conservatory of Arts.1

9

Such is a general outline of the provisions of the patent laws as to the place where the invention must be new.

Secondly, when does the law require that the invention shall be new, at the time of the invention being made by the applicant for a patent, or at the time of his application, or at the date of his patent? The American law is satisfied if it be novel at the

8 Law of January 7th, 1791, art. 16.

9 C. 6, art. 27.

10 Art. 7.

11 French Law of Jan. 25th, 1817, art. 8; act of congress of July 1836, c. 357, s. 7.

12 Law of March 26, 1826, art. 21.

time of the invention by the applicant; the French, Belgian, Austrian and Spanish laws seem to be satisfied if the invention is original at the time of the applicant for a patent having made his invention, if he succeeds in first obtaining a patent. But by

the American law the first inventor is entitled to a patent, unless, by his unreasonable delay he forfeits the privilege, though a subsequent inventor anticipates him in taking out a patent; and the earlier patent thus taken out by the later inventor will be superseded by that of the first inventor, though subsequent in date. By all these laws, if the first inventor obtains his patent before others, and by the American law, whether he obtains it before or after others, his patent is good. This refers the question of novelty to the time of the invention. The English law, on the contrary, as to the novelty of the invention, has, heretofore referred to the date of the patent. By that law if any one else had pirated the invention and put it into use, even after the first inventor has applied for his patent, his privilege was defeated. This defect in the British law is much dwelt upon by the persons who made statements on the subject before the committee of the Commons in 1829." The British act, passed

13 Rep. p. 9. 10. 18. 19. 20. 74. 75. 76. 82.

in 1835, provides that if an applicant believes himself to be the inventor, but it is proved in the sequel that his invention was not original and new at the date of the patent, his patent may, notwithstanding, be confirmed by the council of state. This provision is an approximation to the American law upon this subject, being intended no doubt to remedy the former defect of the British law and the abuses and frauds which had taken place under it. How the provision will work in this respect remains to be proved. The construction put upon the American law by the courts is much more just, simple and effectual, since it puts the patentee upon his fair equitable rights in the courts, notwithstanding that a later inventor or piratical infringer may have anticipated him in the date of his patent.

Such is a general outline of the provisions of the patent laws upon the subject of the novelty of the invention, the more particular construction of which, in the United States especially, will be considered subsequently.

Another important provision of the patent laws is that which determines what persons, as to their national character, shall be entitled to take out a patent. And in this respect the laws of the United States, Great Britain, France, the Netherlands, Spain and Austria, now agree in conceding the right to foreigners