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18 J. Pat. Off. Soc'y 6 (1936)
The Historical Background of Patents

handle is hein.journals/jpatos18 and id is 22 raw text is: Journal of the Patent Office Society The Historical Background of Patents By GEORGE RAMSEY* T lE historical background of our Patent System is a rich field for research. It throws a light on the fundamentals of our patent laws, which brings out certain basic characteristics that are frequently over- looked by those of us who are interested in patents. It is agreed by writers on the subject of patents that the origin of patents in the United States was at least inspired by the successful operation of the Patent Sys- tem in England and that we have brouglit over into our patent laws many of the principles which were estab- lished by the Courts with reference to the English Patent System. The Sovereign in England has, from ancient times, been recognized as endowed with certain prerogatives. The Encyclopedia Britannica (11th edition, Vol. 16 p 501) in a general article upon letters patents states: It is a rule alike of common law and sound policy that grants of freehold interests, franchises, liberties, etc. by the Sovereign to a subject should be made only after due consideration, and in a form readily acceptable to the public. These ends are attained in England through the agency of that piece of Constitutional machinery known as 'Letters Patent'. . . . Letters Patent (Litterae Pattentes) are letters addressed by the Sovereign 'to all to whom these presence shall come', reciting the 'grant of some dignity, office, monopoly franchise, or other privilege to the patentee. They are not sealed up, but are left open (hence the term 'patent') and are recorded in the Patent Rolls in the Record Office. * * * In this respect they differ from certain other letters of the Sovereign directed to particular persons and for particular purposes, which, not being proper for the public inspection, are closed up and sealed on the outside and are thereupon called 'Writs close' (Litterae Clausae) and are recorded in the Close Rolls. * President, New York Patent Law Association. Address delivered before the Examining Corps on Oct. 24, 1935.

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