The Humour of America: Selected, with an Introduction and Index of American Humorists
General
The Humour of America: Selected, with an Introduction and Index of American Humorists
American wit and humor
The law student entered into the mother’s sorrow with much sympathy, but
after he had in some degree calmed her mind he informed her that a
breach of law had been committed. “Your child,” he remarked, “has never
been patented, but she is marked ‘Patented, 1872.’ This is an
infringement of the statute. You falsely represent by that brand that a
child for whom no patent was issued is patented. This false
representation is forgery, and subjects you to penalty made and provided
for that crime.”
Mrs. Smith was, as may be supposed, greatly alarmed at learning this
statement, and her first impulse was to beg the young man to save her
from a convict’s cell. With a gravity suited to the occasion, he
explained the whole law of patents. He told her that had she desired to
patent the child, she should have either constructed a model of it or
prepared accurate drawings, with specifications showing distinctly what
parts of the child she claimed to have invented. This model or these
drawings she should have forwarded to the Patent Office, and she would
then have received in due time a patent—provided, of course, the child
was really patentable—and would have been authorised to label it
“Patented.” “Unfortunately,” he pursued, “it is now too late to take
this course, and we must boldly claim that a patent was issued, but that
the record was destroyed during the recent fire in the Patent Office.”
This suggestion cheered the spirits of Mrs. Smith, but they were again
dashed by the further remarks of the young man. He reminded her that the
child might find it very inconvenient to be patented. “If we claim,” he
went on to say, “that she has been regularly patented, it follows that
the ownership of the patent, including the child herself, belongs to
you, and will pass at your death into the possession of your heirs.
Holding the patent, they can prevent any husband taking possession of
the girl by marriage, and they can sell, assign, transfer, and set over
the patent right and the accompanying girl to any purchaser. If she is
sold to a speculator or to a joint-stock company, she will find her
position a most unpleasant one; and to sum up the case, madam, either
your child is patented or she is not. If she is not patented, you are
guilty of forgery. If she is patented, she is an object of barter and
sale, or in other words a chattel.”
Public-domain text, read in full here on John Shaqi.
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