The Writings of Thomas Jefferson, Vol. 5 (of 9): Being His Autobiography, Correspondence, Reports, Messages, Addresses, and Other Writings, Official and PrivateJefferson, Thomas
History
The Writings of Thomas Jefferson, Vol. 5 (of 9): Being His Autobiography, Correspondence, Reports, Messages, Addresses, and Other Writings, Official and Private
Jefferson, Thomas
United States -- Politics and government -- 1775-1783; United States -- Politics and government -- 1783-1865
SIR,--Your favor of the 18th came to hand two days ago. That the ingenuity
of an advocate, seeking for something to defend his client, should have
hazarded as an objection that it did not appear on the face of the patent
itself, that you had complied with the requisitions of the act authorizing
a patent for your invention, is not wonderful; but I do not expect that
such an objection can seriously embarrass the good sense of a judge. The
law requires, indeed, that certain acts shall be performed by the inventor
to authorize a monopoly of his invention, and, to secure their being done,
it has called in, and relied on, the agency of the Secretary of State,
the Attorney General, and President. When they are satisfied the acts
have been done, they are to execute a patent, granting to the inventor
the monopoly. But the law does not require that the patent itself should
bear the evidence that they should have been performed, any more than it
requires that in a judgment should be stated all the evidence on which it
is founded. The evidence of the acts on which the patent is founded, rests
with those whose duty it is to see that they are performed; in fact, it is
in the Secretary of State's office, where the interloper or inventor may
have recourse to it if wanting. If these high officers have really failed
to see that the acts were performed, or to preserve evidence of it, they
have broken their trust to the public, and are responsible to the public;
but their negligence cannot invalidate the inventor's right, who has been
guilty of no fault. On the contrary, the patent, which is a record, has
conveyed a right to him from the public, and that it was issued rightfully
ought to be believed on the signature of these high officers affixed
to the patent,--this being a solemn pledge on their part that the acts
had been performed. Would their assertion of the fact, in the patent
itself, pledge them more to the public? I do not think, then, that the
disinterested judgment of a court can find difficulty in this objection.
At any rate your right will be presumed valid, until they decide that
it is not. Their final decision alone can authorize your resort to any
remedial authority,--that is to say, to the Legislature, who alone can
provide a remedy. Certainly an inventor ought to be allowed a right to
the benefit of his invention for some certain time. It is equally certain
it ought not to be perpetual; for to embarrass society with monopolies
for every utensil existing, and in all the details of life, would be more
injurious to them than had the supposed inventors never existed; because
the natural understanding of its members would have suggested the same
things or others as good. How long the term should be is the difficult
question. Our Legislators have copied the English estimate of the term,
perhaps without sufficiently considering how much longer, in a country so
much more sparsely settled, it takes for an invention to become known,
Public-domain text, read in full here on John Shaqi.
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