that but for it the extent of a patent might be enormous and intolerable. The owner of it might say: "The whole of that principle or power is mine, and that effect is mine however produced." But as the law stands, the principle or property is his only so far as he has fastened it to his own machinery; and the effect is his only so far as he reaches it through instruments of his own invention. No man can acquire exclusive property in the electric fluid, nor can he in any one of its properties or powers. So no man can become the owner of the sun's light, nor of that actinic power by which pictures are painted or impressed. But he may devise any way of working with electricity, and that way shall be his; and so he may discover any way of making pictures or representations by light, and that way also shall belong to the inventor. And then any other person is at liberty to discover some other way of using either of these forces or qualities of nature. But one thing always remains; and that is, the watchfulness of the law to guard an honest patentee from invasion of his rights by a mere colorable pretext of a variation in the method discovered by him of using a certain power in a certain way for a certain end. No better rule can be given than that each patent holds all that belongs to its substance; and any thing is an infringement which does not differ from it materially and substantially. 7. The last phrase used in designating the subject matters of patent, is "composition of matter." This will require but little discussion. It is usually applied to medicines, and less frequently to compositions used in the arts, as for example alloys for the bearings of axles. Here it is obvious that the test question must be, not whether the materials are new, but whether the combination is new. Hence an applicant for a patent for a new composition of matter may use various ingredients, and declare that one as well as the other will answer his purpose, provided that the combination, whatever be used, has in it the element of unity, so far that it is one in its purpose and its effect. 8. By a more recent act (1842) another class of objects may be the subject of a patent, viz.: designs for manufactures of any kind." Some of these might seem to be more properly within the scope of the law of copyright. But for any design, or pattern, or drawing, or print, or picture, which is intended not to have value by itself, but to be used in the manufacture of something else, or to be fastened in any way to some article of manufacture, and be sold with it, the inventor may have letters patent. III. How Letters Patent may be obtained. 1. The first step is an application. This must be in writing, addressed to the commissioner of patents, and signed by the original inventor. Even if he have assigned the invention, and the patent is to be made out in the name of the assignee, the application must be signed by the inventor. If he be dead, it must be signed by his executor or administrator. There is no

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special form required, but it must state distinctly, although generally, what he considers the invention or discovery for which he asks a patent; but no mere mistake in the application will vitiate the patent. By a rule of the patent office, no patent issues for more than one machine, although two or more may be used jointly; and in that case each must be made the subject of a separate patent, although the petitioner may express his desire for both in one application; but it would be better in all respects to treat each machine, from the beginning, as a separate thing, if it be so in fact. With the application he sends to the commissioner a specification of his claim. There must be drawings attached and referred to if these are necessary to understand the specification, and these should be in duplicate, that one copy may be retained in the patent office. Also a model is required wherever that is the best way of illustrating the specification, and a working model is preferable; but no model should be more than one foot in length or height, unless by permission of the commissioner, which is never given but for special reasons. By the 11th section of the recent statute, letters patent may be obtained for any new and original design for a manufacture, or for a bust or bassrelief, or composition in alto or basso-rilievo, or impression or ornament to be placed on any article of manufacture, or any new and useful pattern or print or picture to be fixed on any article of manufacture, or any new and original shape or configuration of any article of manufacture. The exact force and meaning of these phrases will not be known until they are determined by adjudication. It may be added, that the same section provides that the patent may issue on any of these things for 3 years, 7 years, or 14 years, as the applicant may choose; the fee in each case being respectively $10, $15, or $30, and to all foreigners $300. Money should be deposited with some assistant treasurer, and his certificate taken in duplicate, one copy to be sent on; or the money may be sent through the mail. The applications received are examined in the order in which they come, unless some one is taken up out of its turn for special reasons. If the claim be allowed, a patent will issue and be sent according to the direction of the patentee. If it be rejected, the claimants will always be furnished by the commissioner with the reasons for rejection, and with such references to former patents, or other similar means of information, as will enable the claimant to judge of the sufficiency of the grounds of rejection and of the probability of a successful appeal. 2. It sometimes happens that two or more persons claim each to be the first inventor of the same thing. Then the commissioner declares a case of "interference" to exist, and after due notice to the parties, they are heard in support of their several claims. This may happen although one of the claimants has received a patent at some time before; for the

commissioner, if he comes to the conclusion that the second claimant has a better right, or an equal right, will give him also a patent, and leave the two to determine by legal measures which is valid. 3. In all the questions which thus come before the commissioner, or the examiners, on the question of granting a patent, or before any court subsequently in a suit for infringement of the patent, the specification is of the utmost importance. Upon its clearness, its accuracy, its exactness in defining its claim and in claiming what should be claimed and nothing more, a very large proportion of the cases tried depend. The points to be observed are those indicated in the 6th section of the statute of 1836. They are in substance: 1st, that the description shall be so full, clear, and exact, without prolixity, as to enable any person skilled in the art or science to which the thing belongs or with which it is connected, to make and use the same; 2d, that the principle shall be fully explained, "and the several modes in which he has contemplated the application of that principle or character by which it may be distinguished from other inventions;" and 3d, he must specify and point out the part, the improvement, or the combination which he claims as his own. This last requirement is so important, that it has given the name of "specification" to the whole description. All this may seem, to those who have not tried it, very easy; but nothing is more difficult. Mistakes of importance are not unfrequently made by those who are trained to this work, and who make it their special business; and it can very seldom, if ever, be safe for any claimant to draw his own specification, unless he has large experience in work of this kind. Mistakes are not so fatal now as they were formerly, because recent legislation has interposed, wisely as well as kindly, to assist the patentee. If a patent is void by reason of a defective specification, or because the patentee claimed as his own invention more than he had a right to claim as new, he may surrender his patent to the commissioner, and file with him a new and corrected specification, and the commissioner may thereupon issue to him a new patent. Or, by a still later provision, the patentee may make a disclaimer in writing of such parts of the thing patented as he shall not wish to claim; and this disclaimer, being duly received and recorded, shall have the same effect as if it had been originally a part of such specification. Even without such surrender or disclaimer, a patent may still be sustained by the court, for any material and distinguishable part for which the claim was valid, although there are other parts of the claim to which the patentee is not entitled; but he can recover no costs for the infringement of such a patent without surrender or disclaimer. 4. There is a very wise provision to meet the frequent case where an inventor wishes to secure his right, but is not ready to present a full and complete

specification, and needs time for experimenting, or other purposes. He may file a caveat, which will be placed in the secret archives of the patent office; and if there be any application within a year for any thing which appears to interfere with his claim, he shall have notice and may appear and prove priority; and by paying a second caveat fee ($20), he may renew it for another year, and so on successively. It is to be noticed, however, that a caveat cannot be filed by an alien, unless he has resided in the United States one year, and has made oath of his intention to become a citizen, according to law. Even where caveats are not taken out, all pending applications are regarded as so far confidential, that, until after a patent is issued, no information will be given to any one but the claimant respecting the existence of any application, or any questions which may have arisen in relation to it. 5. To guard against deception of the public as to what inventions are protected by patent, any person who shall, in any way whatever, put any word or remark upon a thing not patented which shall indicate that it is the subject of a patent, or put upon it the name of any patentee without his consent, or, if it be patented, fail to stamp or engrave on the article the fact and date of the patent, is liable to a heavy penalty. 6. The terms of patents for designs may be extended for 7 years from their expiration. Formerly the terms of all patents might be extended under certain restrictions, and the rules and provisions on this subject were minute and complicated. It was thought, however, that they did not suffice to prevent mischief from improper extensions, or from favoritism or mistake in discriminating between applicants for extension, and by the patent law of March, 1861, the whole law of extension, with the above named exception, was abolished as to patents thereafter granted; but the provisions of the preceding law as to extension would seem to remain in force as to all patents previously granted. IV. Rights and Remedies of Patentees. So long as the patent remains in force, it gives to the patentee an exclusive right to "make, use, and sell" the thing patented. Whoever infringes on this right is liable in damages, and the infringement may be stopped by injunction. We will consider first what is an infringement of a patent, and then what are the remedies for an infringement. 1. The statute contains no definition; but it has been well said, that an infringement exists when a copy is made agreeing with the principle and action laid down in the specification. Infringements therefore may be of as many kinds as patents are. Perhaps it is impossible to give rules and definitions which shall meet all this variety of cases and be of much use in determining the question of infringement. It is certain, however, that a patentee is seldom permitted to call that an infringement which imitates nothing that is directly and explicitly stated in the specification. For if the patentee

did not know this or have it in his mind, he cannot claim it as his; and if he knew it and did not state it, whether through negligence or design, he has failed to lay the foundation of his exclusive right, because he has not placed on record a full, clear, and explicit description of his invention. Perhaps the difficulty attending this law of infringement, and the principles invoked to dispose of it, may be well illustrated by reference to a recent English case which has gone through the courts there and been the subject of much discussion. One Heath invented and patented an important improvement in making steel. This invention consisted in putting into a crucible with pieces of iron carburet of manganese, and exposing the mixture to intense heat. But carburet of manganese is a very expensive chemical product; and one Unwin discovered that by putting into the crucible with the iron oxide of manganese and coal tar, the intense heat to which they were exposed made a carburet of manganese in the crucible, which then operated on the iron in the same way as if this compound had been put there at the beginning; and as oxide of manganese and coal tar are very cheap, Unwin's way was likely to supersede Heath's, who brought an action for damages. The case was tried before Mr. Justice Cresswell, who ruled that there was no infringement. It was then argued before 6 judges in the exchequer chamber, 2 of whom agreed with Cresswell, and the other 4 held that there was an infringement. The case was then taken to the house of lords, and the judges of England were requested to give their opinion to the lords; and after argument, 7 judges gave their opinion that there was an infringement, and 4 judges gave theirs that there was no infringement. At length the question was finally decided by the lords, that there was no infringement; thus overruling the majorities of two assemblages of the judges of England. The principal reason for holding that there was an infringement was, that the thing patented was improving steel by mixing carburet of manganese in the crucible with it, and it was wholly immaterial whether this compound was made out of or in the crucible; while the principal reason for holding that there was no infringement was, that the thing patented was the putting a certain compound into the crucible with iron, and thereby producing the effect, whereas Unwin put wholly different materials into the crucible, and then, by means of a double electric affinity and chemical action, they produced their effect. 2. As to infringement by the sale of the thing patented, it must be a sale of the whole thing, and not of the different parts or materials out of which it may be made. Yet no evasion of a patent right would be permitted, merely by selling a part at one time, and to one person, and other parts to others, with the intent that they should be put together and so make the whole machine. 3. A curious question has arisen as to the interference of VOL. XIII.-3

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local rights under a patent. Thus, a man has a right for the county of Hamilton to make and sell certain patent bedsteads; another man has a similar right for the adjoining county of Dearborn. The first man sells a large quantity to a purchaser, who takes them into Dearborn and undersells the person having the right for that county. It seems now to be determined that this is not an infringement or unlawful interference; and the supreme court of the United States have gone even further than this, and have decided that any one who has an exclusive right to a patented machine within a certain district, cannot use that machine out of that district, but that he may sell anywhere the products made under the patent within that district. 4. Interesting questions have arisen as to the right of repair. If one buys a patented machine, and it wears out, he cannot make another under pretence of repairing that which he bought; but he may prolong its existence and utility by mere repair as long as he can. If he repairs this part to-day, and that to-morrow, and in every repair makes some renewal, until at last no part of the original machine is left, we doubt whether the law would interfere, if each repair had been made at the time in good faith, as repair and not as renewal. 5. It remains to treat only of the remedy in case of infringement. The statute of 1836 provides that damages may be recovered by "an action on the case;" which right would exist equally at common law. But this remedy would often be wholly inadequate, were it not for the further and more effectual remedy provided by the principle of equitable jurisprudence, that wherever a legal right exists, and this right is invaded or violated, and the damages recoverable are an insufficient remedy, courts of equity will grant an injunction against the offender and so prevent a repetition of the offence. But this great remedy will not be granted unless the court can see that it is necessary to prevent further violation of right, and vexatious and insufficient litigation. And if this injunction or prohibition against a repetition of the offence be disregarded, the offender will be punished by imprisonment, or such other penalty as will, in the judgment of the court, compel obedience. Generally, an injunction will not be granted until the plaintiff's rights and the defendant's wrong doing have been established in an action at law. But when the infringement is certain, a court of equity will proceed at once; and not unfrequently, on petition of the patentee, they direct a trial at law, and order the defendant to keep an exact account of all that he makes or sells in supposed infringement of the patent, to be rendered if the trial results in establishing the infringement.-The commissioner of patents makes a yearly report to the secretary of the interior, which, with its accompanying documents, is published at government expense; these constitute in some degree the records of the office. The whole number of patents grant

ed by the U. S. government up to March 18, 1861, was 31,670. In the years from 1840 to 1849 the average of applications for patents was 1,000; the average of patents granted was 550. For the succeeding 7 years the average of applications was 3,800, and the average of patents granted was 1,750. In 1858 the number of patents granted was 3,710; in 1859, 4,538; and in 1860, 4,819. During 9 years of its administration the expenditures of the patent office have been greater than the receipts; but at all other times the receipts were consider ably in excess of expenditures. There is now (March, 1861) in the treasury of the patent office $89,000.-The commissioners of patents in Great Britain have printed in several hundred 4to. volumes (1853-'8) the specifications of all the patents granted in that country up to 1852, amounting to about 13,000, with lithographed plates in separate folio volumes.

PATERCULUS, CAIUS VELLEIUS, a Roman historian, born about 19 B. C. He was descended from an ancient Campanian family. His father was prefect of cavalry, and the son, early entering military life, attended C. Cæsar, the grandson of Augustus, in his eastern expedition in A. D. 2, and subsequently served under Tiberius in Germany, Pannonia, and Dalmatia. In 6 he became quæstor, had a share in the triumphal procession of the emperor in 12, and was elected prætor in 14. He had early gained the good will of Tiberius, and of his favorite Sejanus, and it has been conjectured that he was executed in 31 with the latter and his friends, although nothing certain is known of his death. His reputation rests upon his Roman history, which appears to have been written in A. D. 30, and goes under the title of C. Velleii Paterculi Historia Romanæ, ad M. Vinicium Cos, Libri II. The manuscript was discovered in the monastery of Murbach in Alsace by Beatus Rhenanus, who printed it at Basel in 1520.

PATERSON, the capital of Passaic co., N. J., on the Passaic river, near the falls, and on the Morris canal and New York and Erie railroad, 17 m. N. W. from New York; pop. in 1860, 19,618. It is a well built city with paved streets, generally wide and straight and lighted with gas, and contains a large number of handsome private residences. The falls supply power to many factories, several of which occupy extensive stone buildings. There are 8 large cotton mills, having an aggregate capital of $595,000, and producing annually to the value of $752,961, principally cotton yarn. Of these, the Paterson manufacturing company and the Phoenix manufacturing company make large quantities of cotton duck, the former to the annual value of $115,000. Paterson is specially noted for its extensive machine shops and steam-engine manufactories, and is stated to make at least half the locomotives constructed in the United States. The Rogers locomotive and machine works have a capital of $300,000; during the year 1860 they em

ployed an average of 720 hands at an expense of $24,000 a month, and turned out, beside s large quantity of cotton and other machinery, 90 locomotives; total production, $765,000. The establishment of Danforth, Cooke, and co.. capital $300,000, employed 540 hands and produced to the value of $583,000, including 36 locomotives. There are 7 other machine shops of some extent, with an aggregate capital of $190,000 and an annual production of $244,812, and a manufactory of stationary steam engines, capital $40,000, producing $95,000. The paper mill of H. V. Butler and co. occupies a fine building, and, with a capital of $200,000, manufactures to the value of $289,000. Among others are 4 silk manufactories, aggregate capital $153,000, producing $846,000; 1 flax and hemp, capital $200,000, producing $140,000; a printing, dyeing, and bleaching establishment, capital $200,000, producing $180,000; and a wick and twine factory, capital $40,000, producing $75,600. Beside the county offices, there are an academy, a bank, 2 newspaper offices, a mechanics' and a philosophical society, and 16 churches, viz.: 2 Baptist, 1 colored Congregational, 1 Episcopal, 1 Îndependent, 4 Methodist, 2 Presbyterian, 3 Reformed Dutch, and 2 Roman Catholic. The town was founded in 1791 by a manufacturing company with a capital of $1,000,000.

PATERSON, WILLIAM, founder of the bank of England, and of the Scottish colony of Darien, born according to tradition in Skipmyre, Tinwald parish, Dumfriesshire, in the spring of 1665, died in Jan. 1719. He was originally destined for the Presbyterian ministry, and is said to have been among the Covenanters persecuted by Charles II. To escape from these persecutions he went to London in the capacity of a merchant, and also visited America, where he acquired from the buccaneers much information in regard to the Spanish main, of which he subsequently made great use in connection with the Darien expedition. It is a question whether he was criminally concerned in the violent courses of these marauders, but the probabilities are that he was not. In 1692 he was a merchant in London, as is evident from a lease authorizing him and two others to construct the Hampstead water works. About this time he made proposals in regard to founding a bank of England, and a tract entitled "A Brief Account of the intended Bank of England," is supposed to have been written by him. He was one of the first directors of the institution, but for some cause resigned. He had long before conceived the project of founding "a free commonwealth in Darien," and after several unsuccessful efforts to have his scheme adopted by England and by other states, it was finally sanctioned by a Scottish act of parliament in 1695 constituting the Darien company. (See DARIEN, COLONY OF.) After the failure of the expedition, which would probably have been successful if his advice had been followed, he returned to England and devised

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a new plan for the colony; but the unexpected death of King William, over whom he had great influence, destroyed all possibility of reviving the project. He was an able advocate of the union of England and Scotland, and when the treaty to that effect was passed, an indemnity was recommended to be given him on account of the losses he had suffered in the Darien expedition, and of his "carrying on other matters of a public nature, much to his country's service." But it was not till the reign of George I., and after a long struggle with the government for the settlement of his claims, that it was paid. Paterson was in 1708 a member of parliament for Dumfriesshire. The last years of his life were spent in Westminster. He was an early and zealous advocate of the principles of free trade, was a decided opponent of the schemes of John Law, and in all matters of trade and finance his ideas seem to have been far beyond the times in which he lived. (See Bannister's "William Paterson, the Merchant, Statesman, and Founder of the Bank of England, his Life and Trials," Edinburgh, 1858.) His works, which are numerous, have been lately collected under the title of "The Writings of William Paterson, with a Biographical Introduction" (2 vols. 8vo., 1858).

PATKUL, JOHANN REINHOLD, a Livonian nobleman, born in a prison at Stockholm about 1660, executed at Kazimierz, near Posen, Oct. 10, 1707. Livonia being then a province of Sweden, he first served as a captain in the Swedish army. In 1689 he was one of a deputation of noblemen sent to Charles XI. to remonstrate against the encroachments of the royal officers upon the rights and privileges of Livonia; and although among the youngest, he was chosen spokesman, and addressed the king with particular energy. Three years later, in the capacity of a deputy from his fellow nobles, he remonstrated strongly with the Swedish governor at Riga, and addressed an eloquent letter to the king. Having participated in other patriotic manifestations, Patkul, in connection with the marshal and members of the Livonian diet, was summoned to Stockholm. Procuring a safe-conduct, he obeyed the summons, but soon judged it necessary to flee to Courland; and a few weeks after his escape he was condemned to be beheaded as a rebel, his property was confiscated, and his writings were burned by the executioner. Being no longer safe in Courland, he retired to the canton of Vaud, Switzerland, where he engaged in scientific pursuits, and afterward visited France. In 1698, after the accession of Charles XII., he sued for pardon; but his petition being rejected, he entered the service of the elector Augustus II. of Saxony, king of Poland, who appointed him one of his privy council. He participated actively in the coalition between his new master, the king of Denmark, and the czar of Russia against Charles XII., and at different times endeavored to rouse Livonia against the Swedish rule. Dissatisfied with the overbearing manners

of Flemming, the principal minister of Augustus II., and having moreover, during a mission to Russia, won the favor of Peter the Great, he accepted from the czar the rank of general and the office of Russian ambassador to Dresden. This conduct roused the displeasure of Augustus II., who, notwithstanding Patkul's official character and the risk of endangering his friendly intercourse with the czar, caused him to be arrested in 1705. When afterward Augustus, defeated by Charles XII., was obliged to abdicate his Polish throne, one of the conditions of peace imposed upon him was the surrender of Patkul. Augustus gave secret orders that his prisoner should be suffered to escape, but they were not obeyed. By Charles's command, Patkul was taken to the convent of Kazimierz and condemned to death by a court martial. He was first broken on the wheel, and then, while still living, carried to the scaffold, where he was beheaded. His corpse was then quartered and put on the wheel again. When Augustus II. was replaced on the throne of Poland, he caused the remains of Patkul to be collected and buried at Warsaw.

PATMORE, COVENTRY, an English poet, born in Woodford, Essex, July 23, 1823. He is the son of P. G. Patmore, a man of much literary industry in the early part of the 19th century, and commenced his career by the publication of a volume of poems which attracted little notice. It was succeeded in 1853 by "Tamerton Church Tower and other Poems," and in 1856 by his most popular poem, "The Angel in the House," in two parts, the first entitled "The Betrothal" and the second "The Espousals." His last work, "Faithful for Ever" (London, 1860), a sort of pre-Raphaelite attempt to give a poetic interest to the commonplace incidents of life, has been severely criticized by the leading literary periodicals of Great Britain, but has met with a warm eulogist in Mr. Ruskin. Mr. Patmore is also a contributor to the "Edinburgh Review." Since 1846 he has been one of the assistant librarians of the British museum.

PATMOS, or as it is now called PATMO, an island of the group called the Sporades in the Grecian archipelago, 20 m. S. of the W. extremity of Samos, and about the same distance W. of the coast of Asia Minor. It consists of an irregular mass of barren rock 28 m. in circumference, and in the time of the Roman emperors was used as a place of banishment. It was to this island that St. John the apostle was exiled by the emperor Domitian, A. D. 95; and here, according to universal tradition, he wrote the Apocalypse, and perhaps his Gospel also. the side of a hill a cavern is pointed out by the Greek monks, who have a monastery in the vicinity, as the exact spot where the evangelist received the revelation, and through some fissures in the roof he is said to have heard the "voice from heaven like the sound of a trumpet." The monastery, built by the Byzantine emperors in the 12th century, is under the patronage of

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