TALBOT7332

Athenæum ¹
Wedn^y Dec. 17

Dear Grove

I had not time to mention to You, when I met You accidentally on Tuesday evening, that some troublesome business had brought me to Town for a few days; in short, that I am again Compelled to contemplate taking legal proceedings against certain persons who are infringing a patent belonging to me ² – I have little doubt that on perusing this, your first impulse will be to advise me to abandon the patent in question, to whatever subject it may relate – I am aware of your strong opinions upon this subject, and they have had Considerable weight with me in coming to a decision upon this question – I was until lately the possessor of two patents, which have not been hitherto the subject of any legal proceedings whatever, and which have not been brought under your notice, although you are perhaps acquainted with one of them, viewed as a matter of Scientific discovery – When the time came for paying the fee to government on these patents (at the end of the 3^d year) I resolved to abandon one of these patents and retain the other. This may be viewed as a Compromise of opinion – I did not go entirely to the lengths you appeared to advise, but I adopted Your opinion to a great extent – The patent which I have retained, relates to improvements in Engraving – This invention cost me a good deal of time & trouble, (but I do not complain of that, for that is generally the case with all invent^ns that are worth anything) – and I took a patent for it in October 1852. ³ When I had done so (it is the old story over again) other parties Came forward resolved to profit by my invention; and they have formed a Company & taken out a patent – their specificatⁿ is published and has been sent to me. It contains the Chief part of my own invention, from which it is evidently borrowed – It takes about half of my patented process, and then conducts the rest of the engraving very differently. I first consulted Carpmael ⁴ about this matter who informed me without hesitation that it was a clear Case of infringement. ⁵ I then wrote a friendly letter of remonstrance to the patentee ⁶ (knowing a little of him previously) He replied very civilly, ⁷ but decidedly, that he felt sure he had a right to employ my invention, provided he did so for a different purpose.

I am assured that such is not the law – Moreover, the purpose is substantially the same, viz. to procure beautiful engravings of Complicated objects.

According to the best judgement we can form the patent right is a valuable one – I trust therefore that You approve of my intention of vindicating my right to it – I will not trouble You further on the subject at present, as I shall have other opportunities

Believe me to remain Yours very truly
H. F. Talbot