The Writings of Thomas Jefferson, Vol. 6 (of 9): Being His Autobiography, Correspondence, Reports, Messages, Addresses, and Other Writings, Official and PrivateJefferson, Thomas
History
The Writings of Thomas Jefferson, Vol. 6 (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
Considering the exclusive right to invention as given not of natural
right, but for the benefit of society, I know well the difficulty of
drawing a line between the things which are worth to the public the
embarrassment of an exclusive patent, and those which are not. As a
member of the patent board for several years, while the law authorized a
board to grant or refuse patents, I saw with what slow progress a system
of general rules could be matured. Some, however, were established by
that board. One of these was, that a machine of which we were possessed,
might be applied by every man to any use of which it is susceptible,
and that this right ought not to be taken from him and given to a
monopolist, because the first perhaps had occasion so to apply it. Thus
a screw for crushing plaster might be employed for crushing corn-cobs.
And a chain-pump for raising water might be used for raising wheat: this
being merely a change of application. Another rule was that a change of
material should not give title to a patent. As the making a plough-share
of cast rather than of wrought iron; a comb of iron instead of horn or
of ivory, or the connecting buckets by a band of leather rather than of
hemp or iron. A third was that a mere change of form should give no right
to a patent, as a high-quartered shoe instead of a low one; a round hat
instead of a three-square; or a square bucket instead of a round one.
But for this rule, all the changes of fashion in dress would have been
under the tax of patentees. These were among the rules which the uniform
decisions of the board had already established, and under each of them
Mr. Evans' patent would have been refused. First, because it was a mere
change of application of the chain-pump from raising water to raise wheat.
Secondly, because the using a leathern instead of a hempen band, was a
mere change of material; and thirdly, square buckets instead of round, are
only a change of form, and the ancient forms, too, appear to have been
indifferently square or round. But there were still abundance of cases
which could not be brought under rule, until they should have presented
themselves under all their aspects; and these investigations occupying
more time of the members of the board than they could spare from higher
duties, the whole was turned over to the judiciary, to be matured into
a system, under which every one might know when his actions were safe
and lawful. Instead of refusing a patent in the first instance, as the
board was authorized to do, the patent now issues of course, subject
to be declared void on such principles as should be established by the
courts of law. This business, however, is but little analogous to their
course of reading, since we might in vain turn over all the lubberly
volumes of the law to find a single ray which would lighten the path of
the mechanic or the mathematician. It is more within the information of
a board of academical professors, and a previous refusal of patent would
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