A Brief Inquiry Into the Principles, Effects, And Present State of the American Patent System

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They next said they would give the name of the real man in a few days. Six weeks passed, and they said, ' If we don't find the name of the real man to- morrow, we win give you a patent.' A week of these to-morrows passed, after which they showed an English blue-book with his own invention pub- lished in it, and they said, '■Your invention is published, so according to the law of Prussia we cannot grant you a patent.^ All the time they had been promising to grant it.
The process is now worked ve
...ry largely in Prussia." It is to be hoped indeed that this was an extreme case in the working of the Prussian system, but it is a well-known fact that that system is utterly arbitrary both as to end and means, which is to say that it is nec- essarily and essentially a failure.
The example of Prussia, then, was a singularly unhappy and in- applicable argument against the adoption of a system of examination suited to a free country.
As to the failure of examining systems in France, Austria, Sar- dinia, and Belgium, in the absence of express information as to princi- ples and details, the means adopted for carrying them out, or the extent of trial given them, it is not of course possible to examine into the causes of failure, bwt it would doubtless be found in the existence of some ar- bitrary features in either end or mode.


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