Monopolies -- United States; Railroads and state -- United States
No better illustration of the results of granting letters patent for
pretended inventions or discoveries, as well as of the careless manner
in which letters patent are issued, can be found than is presented by
the gate, known in the west as "Teel's Patent." This gate in its
combination and construction does not contain a single new principle.
The same identical gate has been in use for thirty years in various
parts of the Union. With the addition of "friction wheels" or "rollers,"
or "pivot wheels" (as they are indifferently called), this gate was on
exhibition and sale in many of the western states in 1863. In fact, the
patent for the friction wheels obtained in that year was attached to the
gate and publicly exhibited, no claim being made for a patent upon the
gate, but only upon the attachment. The gate itself consists of battens
nailed upon the ends and near the center of four or five boards which
forms the gate, with the posts so placed that after it is pushed a
sufficient distance to make it balance on its center, it can be opened,
its center acting as the pivotal point. The balancing principle for
which the patent was obtained was first discovered by two of the
descendants of Father Adam, in their youthful days, when they balanced a
pole or board across a log or a fence, and, seated, one on each end,
enjoyed a game of seesaw. The little boy who built a pig-pen years
before the great intellect of Teel forged the idea, made the same kind
of a balance gate for it. The man or boy of past generations who desired
to make a cheap gate, instinctively made a _Teel Gate_. Yet some ten
years ago the mighty intellect of Teel forged the idea, produced a model
and forwarded it to the patent office. The _Scientific_ (?) _Examiner_,
who decides upon the merits of all inventions, who, if he had traveled
and observed the common farm gate in many parts of the country, must
have seen the gate in actual public use, issued to Teel letters patent,
which are safely and securely held until the new western country is
settled and this cheap gate is in general use, when he and his agents
and assignees appear and demand _royalty_. He has been given an
exclusive monopoly for the making, selling, and using a gate that is not
new in any of its principles. By this fraud of the applicant and the
incompetence of the examiner, the farmer is forbidden to use the old
invention of a cheap gate until he pays a bounty to a patentee. The law
for the protection of discoverers and inventors is prostituted, and the
people compelled to pay out their money without consideration.
Public-domain text, read in full here on John Shaqi.
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