APPENDIX. ON THE SUBJECT-MATTER OF LETTERS-PATENT FOR INVENTIONS. BY THOMAS WEBSTER, M. A., F. R. S. BARRISTER AT LAW. In defining, arranging, and classifying the subject-matters of Letters-Patent for inventions, different terms have been employed in the laws of different countries, and various arrangements and classifications adopted, according to the particular views and objects of their authors.2 1 In the United States, "Any new and useful art, machine, manufacture, composition of matter, or any new and useful improvement on any art, machine, manufacture, or composition of matter." Act of Congress, A. D. 1836. In France, "Every discovery or new invention in all kinds of industry is the property of the inventor." In the Netherlands, "An invention or essential improvement in any branch of arts or manufactures." In Spain, "Whosoever invents, improves, or imports a new branch of industry, has a right of property thereto." In Austria, "All new discoveries, inventions, and improvements, in every branch of industry." See Parl. Rep. 12th June, A. D. 1829. Papers by John Farey. 2 Mr. Godson adopts the following terms and classification:-1. A substance or thing made. 2. A machine or instrument. 3. An im But the subject-matter of inventions having at all times and in all countries one general characteristic, namely, the adaptation of things that exist to the wants and conveniences of man, it will be found that the laws of different countries, notwithstanding the diversity of terms employed, have all the same object, and all express substantially the same thing.' The same uniformity of character ought also to exist in the arrangements and classifications of these adaptations or subject-matters of invention; and such will be the case, if they are founded on distinctions having a real substantive existence in the invention itself, and are not made to depend on certain preconceived views respecting the meaning of words and the propriety of the terms employed.2 provement or addition. 4. A combination or arrangement of things already known. 5. A principle, method, or process, carried into practice by tangible means. 6. A chemical discovery. Mr. Rankin : -1. A thing manufactured. 2. A manufacturing process. Mr. Holroyd: -1. Things made. 2. Practice of making. Mr. Carpmael:-1. "A new combination of mechanical parts or instruments, whereby a new machine is produced, though each of the parts be separately old and well known." 2. "An improvement on any known machine, whereby such machine is rendered capable of performing more beneficially." 3. "Where the vendible substance is the thing produced, whether by chemical or mechanical process, such as a new description of fabric." 4. Where an old substance is improved by some new working — the means of producing the improvement, in most instances, is patentable, whether chemical or mechanical." 5. "The application of a known substance or material to a new purpose, when there requires art to adapt it, is the subject of a patent." The latter classification seems unobjectionable, and expresses, in a practical manner, the various kinds of inventions, and the means by which they are to be carried into practice. 1 See Law & Practice, 8, n. x. 2 The meaning of words, their propriety, and applicability, have been a fruitful source of discussion in Patent Law. Watt's case presents an instance of a most elaborate discussion on the word 'principle.' The specification stated the invention to "consist in the following principles," and then proceeded to describe the nature of the invention, and the particular manner in which it was to be carried into practice. (Law & Pr. 46.) That description was held sufficient, after the verdict of the jury; also Letters-Patent are granted for inventions. The form of the legal instrument by which certain privileges are granted to the true and first inventor, or the manner in which this character may be acquired,1 does not form any part of the present inquiry, which is directly simply to the question, on what kind of inventions these privileges can by law be conferred. defined. Invention, in its most extended sense, may be defined to Invention be the embodying in words, figures, or some material form, the conceptions and creations of the mind. Such an extended application, however, of the term, including the practical exercise of mind in whatever sensible or material form exhibited, is not the subject of the present inquiry, which is confined to the class of inventions which may become the subject of Letters-Patent, and which is, defined in the statute, Subjects of letters-paby the words "the working or making of any manner of tent. new manufactures." 2 But there are inventions to which the term principle was explained by what followed, though "particuculars or "rules of practice" might have been more correct; and, had those been used, much of the lengthened disquisition and apparent confusion in this case would probably have been spared. Boulton and Watt v. Bull, 2 H. Bl. 463. The irrelevancy of this kind of discussion seems to have struck some of the judges in the subsequent case of Hornblower and Maberly v. Boulton and Watt. Lord Kenyon, C. J.: "No technical words are necessary to explain the subject of a patent; as Lord Hardwicke said upon another occasion, there is no magic in words." Lawrence, J.: “Principle may mean a mere elementary truth, but it may also mean constituent parts, and, in effect, the specification is this: The contrivance by which I lessen the consumption of steam consists in the following principles' (that is, constituent or elementary parts); 'A steam-vessel, in which the powers of steam are to operate, to be kept as hot as the steam by a case; a distinct vessel to condense the steam, and pumps to draw off such vapor as is likely to impede the motion of the fire-engine,' &c. That is the description of the thing." 8 T. R. 92. See, as to this term, post, 43. 1 As to these, see Law & Pr. 49, n. g. 2 See Law & Pr. 45, n. e. Heath, J.: "I approve of the term manufactures in the statute, because it precludes all nice refinements; it gives us to understand the reason of the proviso, that it was introduced for the benefit of trade." 2 H. Bl. 482. |