Page:Prerogatives of the Crown.djvu/202

1 82 Patents. [Ch.X. Sec. 11. granted to the true and Jlrst inventor of a manufacture which at the time of the grant has not been used hy others. The decisions on the wording of this part of the statute, prove that it is entitled to a liberal interj^retation in favour of new and beneficial discoveries (a). The word inventor (" a finder out of something new (^)" ) has not been restricted to Its literal signification ; but has, on fair grounds of political convenience, been construed to mean the Jirst publisher or ifitroducer of the invention : so that a person in this country who is in possession of, and introduces a foreign discovery, may obtain a patent (c). And where the patentee was not the first inventor, though he was the first publisher or introducer, of a British invention (the first inventor having confined it to his closet, and the public being unacqainted with it) ; the pa- tent was considered valid {d). In such case the patentee, though not the inventor, renders a benefit to the public; and it is the part of good policy to encourage the early production of the inventions of genius. But when the discovery has been usedby others or publicly sold by the patentee himself, only for a short time, as four months before the time when the patent is granted, the patentee is unable to confer on the public the benefit they are entitled to expect, and the patent is void {e). And it seems that if the patentee were informed of the disco- very by another person in this country, the patent would be unfounded (./). Thirdly, Of the description of the invention in the specifi- cation. Though there be nothing in the Act of James I. requiring a specification, the patent universally requires, as a condition on which the validity of the grant depends, that the patentee shall •' particularly describe and ascertain the nature of the invention, and in what manner the same is to be performed, by an instrument in writing under his hand and seal ; and cause the same to be (a) See post. ch. 16. s. 3; as to gene- thing, thi' party who first cominnnicates .ral rule in coi>struing King's grants. it lo the public is entitled to the benefit (6) Johnson's Diet. of it. (c) 2 Sal k. 447. 2 Hen. Bla. 491. (<-) Tennant's Case, Davies on Pa- (rf) 2 Hen. Bla. 470, 487. And in tents, 429, &c. and Wood i;. Zimmer, Forsyth v. Riviere, N. P. K. B. June t Holt IJep. N. P. 58. 4, 1819; C.J. Abbott held that if se- (/) Tennant's Case. ^€Jal simultaneously discover the sauie enrolled