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This variation in Renton's design was held not patentable, and in any case Renton's firm was able to show that they had successfully installed the furnace at Newark in 1852-1853, while Martien could not satisfy the Commissioner that his installation had been made before September 1854. Priority was therefore awarded to Quimby, Brown, Renton, and Creswell. U.S. patent 16690, February 22, 1857.
He had great hopes of pecuniary profit from this invention and it is mentioned many times in the letters of this and the following year, but he found, on enquiry, that it was not patentable, as it would have been an infringement on the machine of Thomas Blanchard which was patented in 1820.
For instance, a patentee, or one to whom the government has issued a certain instrument, and who in fact has made a patentable invention. But what are the rights of ownership? They are substantially the same as those incident to possession.
Business processes and methods, plants, genetic material, strains of animals, minor changes to existing technologies are all patentable. Trademarks and copyright now cover contents, brand names, and modes of expression and presentation. Nothing is safe from these encroaching juridical initiatives.
I replied that I could not see how any infringement was possible, because we had gone to work in the most natural way, without consulting any previous process whatever, or even knowing of the existence of a patent. Surely the operation of passing air over ice to cool it could not be patentable. He invited me to read over the statement of his claims.
Pushing, aspiring, he subscribed for and faithfully studied a mechanics' journal which continually urged upon its readers the profit of patenting small improvements on machinery already in use. Indeed everybody, these days, in the factories, is on the lookout for patentable improvements. Why might not Johnnie have stumbled on to something worth while?
In granting patents to foreigners the proper course for this country to follow is to give the same advantages to foreigners here that the countries in which these foreigners dwell extend in return to our citizens; that is, to extend the benefits of our patent laws on inventions and the like where in return the articles would be patentable in the foreign countries concerned where an American could get a corresponding patent in such countries.
I'll show them yet that my application of the gyroscope is patentable. Delanne will put me into 'interference' in the patent office, as the lawyers call it, will he? Well, I filed a 'caveat' over a year and a half ago. If I'm wrong, he's wrong, and all gyroscope patents are wrong, and if I'm right, by George, I'm first in the field. That's so, isn't it?" he appealed to Kennedy.
The assessment work legally required to hold these claims had all been done and the necessary excavations had shown all the five extensions to contain values. The additional work required to make the holdings patentable was rushed to completion, and before the inrush of the prospective Midases had fairly begun, the titles had been made incontestibly secure.
"Oh, I know he THINKS it does," Campbell admitted, plaintively. "I suppose we've got to let him take it. It's not patentable, and he'll have to do pretty well by us when he starts his factory, because he's got to depend on us to run the making of the stuff so that the workmen can't get onto the process. You better ask him the same salary I do, and mine's going to be high."
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