§ Mr. Mackinnon moved for leave to bring in a Bill to alter and amend the Patent Laws, and for better securing to individuals the benefit of their inventions. He would first remind the House of the importance in a commercial and manufacturing country of stimulating ingenious and enterprising men to devote their minds to improved means of practising the useful arts, and of otherwise promoting social advancement by their inventions. It was scarcely necessary for him to suggest that facilitating the acquisition of patents was amongst the most 555 effective modes of advancing the best interests of society. He admitted, that notwithstanding the imperfect condition of the law of patents, there had been a vast accumulation of ingenious inventions, but he desired to know why any penalty or inconvenience should attach to the acquisition of a patent beyond what was barely necessary, especially in a country the prosperity of which so materially depended upon the encouragement of ingenuity and enterprise. Some years ago, it was said, that the weight of the public debt would for a long time to come, so oppress the energies of England, that she could never again hope to see prosperous days. We now owed 800,000,000l. of debt, yet we were prosperous, and why? It was surely no sudden improvement of our soil, no unexpected acquisition of territory. It was chiefly effected through the wonderful implements which had been made in our manufactures, and if the Legislature denied that facility to the taking out of patents, which clearly ought not to be denied, they must abandon the hope of that further extension of improvements by which alone our commercial and manufacturing eminence could be maintained at its present level. There was no express statute according to which patents might be granted—he meant that the granting of them did not rest upon a foundation of statute law. for the statute of James 1st, merely went to enable the King to relax existing monopolies, and to grant certain privileges for twenty-one years. The expense which attended the taking out of patents, at present, was enormous, and ought to be lessened. When an individual wanted to protect any right to which his inventions fairly entitled him, it was necessary that he should present a petition setting forth that the invention was his own; it then became requisite, that he should obtain a warrant under the King's sign manual, and to get this he had frequently to go about from office to office, and be exposed to a vast amount of trouble for a period varying from six to eight months, and before he could extend his i patent rights to Great Britain, Ireland, and the colonies, he must be at an expense of from 350l. to 360l. It was really very! hard that a public benefactor, for inventors of the class to whom he referred were public benefactors, should have for so long a time to dance attendance after the Attorney-General, a public functionary 556 who, besides his other official duties, had his attention distracted by the claims of his clients, of his constituents, and of his duties in the House of Commons. The change which he proposed to introduce would embrace the appointment of three Commissioners by the Crown, with power to receive, consider, and decide upon petitions for patents to be granted with the King's sign manual, those Commissioners having power to make, with the sanction of the Lord Chancellor, such bye-laws relative to expediting the grant of such patents as from time to time they might see necessary. The hon. Gentleman read an extract from the evidence given by Mr. John Smith, a Sheffield manufacturer, before the Committee on arts and manufactures, in which the system of piracy practised by certain individuals connected with the Sheffield trade was strongly re- probated, and in which it was further alleged, that the manufacturers must give up their patents altogether, unless legislative protection be extended to them. The hon. Gentleman also proposed, that the same gentleman, in whom would be vested the power of conceding patents, should be also Commissioners for granting licences to persons who were the inventors of original designs, models, drawings, and fasts; and that they should have the power of opening a gallery, in which such designs, models, &c, should be exhibited to the public; that, a certain sum (say 1s, or more) should be charged to the public for liberty to inspect the contents of this gallery; and that the individuals applying for such licence be liable to an expense of. from 8l. to 10l. for registering such de-I signs, casts, and drawings. Upon the, registry being made, and the specified sum paid by the applicant for a licence, he proposed that a certificate should be given to him, by virtue of which he would. enjoy the exclusive right to his invention for one year, and obtain the advantage of having it exhibited for a season. Such a plan as this, he thought, if adopted, was likely to bring a larger sum into the Exchequer. It was a portion of his plan to give compensation to those who now received fees upon the registration of patents. At present he believed that the amount paid on patents, in stamp duties, and other duties was, on an average for the last ten years, 9,950l. a year. Assuming that it was 10,000l. a year, and the amount of perquisites 20,000l. the 557 whole amount for which compensation was to be given was 30,000l. That was the whole amount for which the Commissioners could be called upon by the Chancellor of the Exchequer and others. He believed, that, under the plan laid down in his Bill, the Commissioners would receive, not 30,000l. but 120,000l. a year. Assuming that the expense of the Commission, the payment of the secretary and other officers, the maintenance of the gallery and other items, amount to 10,000l., then there would be 40,000l. to be deducted, and 80,000l. left for the benefit of the public. It was, he thought, of the utmost importance, that some such a measure as this should be adopted, but while he proposed it he was perfectly conscious it never could be carried without the co-operation of his Majesty's Government. The hon. Member concluded by moving for leave to bring in a Bill to alter and amend the patent laws, and for the better securing to individuals the benefit of their inventions.
§ The Attorney-Generaldid not rise for the purpose of opposing the motion. He felt the importance of the subject: and he was one who considered it most desirable that those who made discoveries, and were the authors of new inventions, should have an easy manner of availing themselves of their discoveries, and the full benefit of their inventions. At the same time, he begged to assure the hon. Member, that there had been for some time a commission appointed by his Majesty's Government, and which was presided over by the hon. Member for Chester, the attention of which, was directed to this subject. He believed that without any expensive establishment, such as that which had been suggested, the machinery which was now in existence would be perfectly effectual. He thought that whatever sum was to be paid should be paid at one office, and upon that being done the patent to be taken out. He intended to examine the Bill with candour, but he thought from what he had heard of it, that he could hardly give it his support, however anxious he was to remove the evil of which such just complaints were made.
§ Dr. Bowringthought this a subject of the greatest importance. There could be no doubt that the present patent law required many extensive changes. He was afraid that the machinery proposed by the hon. Gentleman (Mr. Mackinnon) 558 could not be rendered available for this purpose. The Bill appeared to him to proceed upon an erroneous principle; and he thought that the machinery would be cumbrous, inefficient, and, at the same time, very expensive. If patents were to be protected at all, they should meet with a quick and safe protection. Nothing could be done with the present machinery and the present tribunals, and he thanked the hon. Member for calling the attention of the House to the subject.
§ Mr. Ewartwas also of opinion that the fees upon the registration of patents, &c, were too expensive as proposed by this Bill. The defects of the Bill, however, had better be discussed in a future stage.
§ Leave given. Bill brought in, and read a first time.