In a similar application in the previous year, Bessemer had failed to
win an extension of his U.S. patent 16082, of November 11, 1856, for
the sole reason that his British patent with which it had been made
co-terminal had duly expired at the end of its fourteen years of life,
and it would have been inequitable to give Bessemer protection in the
United States while British iron-masters were not under similar
restraint. But if it had not been for this consideration, Bessemer
"would be justly entitled to what he asks on this occasion." The
Commissioner[118] observed: "It may be questioned whether [Bessemer]
was first to discover the principle upon which his process was founded.
But we owe its reduction to practice to his untiring industry and
perseverance, his superior skill and science and his great outlay."
[118] U.S. Patent Office, Decision of Commissioner of Patents
dated February 12, 1870.
Conclusions
Martien was probably never a serious contender for the honor of
discovering the atmospheric process of making steel. In the present
state of the record, it is not an unreasonable assumption that his
patent was never seriously exploited and that the Ebbw Vale Iron Works
hoped to use it, in conjunction with the Mushet patents, to upset
Bessemer's patents.
The position of Mushet is not so clear, and it is hoped that further
research can eventually throw a clearer light on his relationship with
the Ebbw Vale Iron Works. It may well be that the "opinion of
metallurgists in later years"[119] is sound, and that both Mushet and
Bessemer had successfully worked at the same problem. The study of
Mushet's letters to the technical press and of the attitude of the
editors of those papers to Mushet suggests the possibility that he,
too, was used by Ebbw Vale for the purposes of their attacks on
Bessemer. Mushet admits that he was not a free agent in respect of
these patents, and the failure of Ebbw Vale to ensure their full life
under English patent law indicates clearly enough that by 1859 the firm
had realized that their position was not strong enough to warrant a
legal suit for infringement against Bessemer. Their purchase of the
Uchatius process and their final attempt to develop Martien's ideas
through the Parry patents, which exposed them to a very real risk of a
suit by Bessemer, are also indications of the politics in the case.
Mushet seems to have been a willing enough victim of Ebbw Vale's
scheming. His letters show an almost presumptuous assumption of the
mantle of his father; while his sometimes absurd claims to priority of
invention (and demonstration) of practically every new idea in the
manufacturing of iron and steel progressively reduced the respect for
his name. Bessemer claims an impressive array of precedents for the use
of manganese in steel making and, given his attitude to patents and his
reliance on professional advice in this respect, he should perhaps, be
given the benefit of the doubt.
Public-domain text, read in full here on John Shaqi.
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