Revocation of Wilkinson's Patent by the Privy Council in 1779: Documents

Letter from Lord Townshend to the Lord President of the Council, dated February 11, 1775.

This is a covering letter from Lord Townshend transmitting a representation from the Lieutenant General and the rest of the Principal Officers of the Ordinance. [http://aalt.law.uh.edu/AALT7/G3/PC1no10no58-79/IMG_0124.htm]

Letter from the Office of Ordnance to Lord Townshend, dated February 7, 1775.

A contract had been finalized to supply iron cannon. But the contractors then received notice from John Wilkinson that Wilkinson had been granted a patent for the manufacture of such cannon. Regarding the affair to be “of the utmost consequence to His Majesty's Service” the Office of Ordinance judged it necessary to obtain a copy of the letters patent, and found in it the proviso authorized annulment by the king on being notified by at least six members of the Privy Council that the requisite conditions for annulment were satisfied. The letter from the Ordinance Office then pointed out that the method described in the patent had been practised under their direction at Woolwich at a time antecedent to the granting of the letters patent by Messrs. John and Peter Verbruggen. They point out that the patent, if permitted to remain in force, would not only be prejudicial to His Majesty's Subjects but also “very detrimental to the Public Service in your Lordship's Department”. Accordingly “We therefore submit to Your Lordship's Consideration the immediate necessity of taking such Steps as Your Lordship may judge proper for the Revocation of the said Patent.” [http://aalt.law.uh.edu/AALT7/G3/PC1no10no58-79/IMG_0125.htm]

John Wilkinson's Patent for “a new method of casting and boring iron cannon”.

http://aalt.law.uh.edu/AALT7/G3/PC1no10no58-79/IMG_0130.htm

Memorandum of Order in Council published in the London Gazette, dated June 16, 1779

[http://aalt.law.uh.edu/AALT7/G3/PC1no11no136-160/IMG_0090.htm]

Report of a Committee of the Privy Council, dated June 3, 1779.

The report begins with a history of the proceedings. The Attorney General and Solicitor General had examined the matter. There were affidavits in the case, and the law officers were attended by counsel and solicitors for both sides. On finding that the novelty of the claimed invention was the key consideration, they had tried to induce the patentee to sue one of the contractors, on the basis that the Solicitor for the Office of Ordinance would defend the contractor. But the patentee obtained a common injunction, and refused to commence proceedings in law, and, as a result, the committee recommended that the patent be declared void. [http://aalt.law.uh.edu/AALT7/G3/PC1no11no136-160/IMG_0099.htm

Report of the Attorney General and Solicitor General in the matter of John Wilkinson's patent, dated March 17, 1779, read and reposted June 3, 1779.

[http://aalt.law.uh.edu/AALT7/G3/PC1no11no136-160/IMG_0103.htm]

Copy of an Order in Council dated October 31, 1683, vacating a patent of invention granted to Mr. Walcot.

First in a collection of “Precedents of Patents vacated under the Hands of 6 Privy Councillors.”. The collection also memo^d Hamblin's patent and Betton's patent. [http://aalt.law.uh.edu/AALT7/G3/PC1no11no136-160/IMG_0106.htm]

Copy of an Order in Council dated July 16, 1687, vacating a patent of invention granted to Charles Corcellis.

[http://aalt.law.uh.edu/AALT7/G3/PC1no11no136-160/IMG_0109.htm]

Copy of an Order in Council dated July 30, 1687, vacating a patent of invention granted to John Chater.

[http://aalt.law.uh.edu/AALT7/G3/PC1no11no136-160/IMG_0111.htm]

Copy of an Order in Council dated January 30, 1689, vacating a patent of invention granted to James Delabadie.

[http://aalt.law.uh.edu/AALT7/G3/PC1no11no136-160/IMG_0113.htm]

Minutes of the Committee of the Privy Council, dated June 3, 1779 considering the matter of Wilkinson's Patent.

The attendees included “Sir Eardly Wilmot”. This presumably refers to Sir John Eardly Wilmot (1709–1792), who had been Chief Justice of the Common Pleas from 1766 to 1771 (see Wikipedia article). Also “Sir T. Parker” would presumably refer to Sir Thomas Parker (1695–1784), at one time a Justice of the Court of Common Pleas, and subsequently Lord Chief Baron of the Court of Exchequer from 1742 to 1772, and a member of the Privy Council from 1772 (see Wikipedia article). This committee of the Privy Council considered, at the same meeting, an appeal to the King in Council from an order or decree of the Supreme Court of Jamaica, two appeals from orders of the Court of Chancery of the Island of Jamaica, two appeals from courts in Guernsey, an appeal from a court on the Island of St. Christopher, a leave to appeal from a judgment of the Court of Common Pleas in West Florida, and progressed another appeal from Guernsey, amongst other business. [http://aalt.law.uh.edu/AALT7/G3/PC2no123/IMG_0251.htm]

Minutes recording the vacating of Wilkinson's Patent at a meeting of the Privy Council on June 16, 1779.

[http://aalt.law.uh.edu/AALT7/G3/PC2no123/IMG_0272.htm]