To see a world in a grain of sand is, admittedly, a grand
thing; to see it in a grain of Epsom salt is perhaps more to the purpose when
seeking to understand the capillary relations between imperial trading
companies, print culture, and the revamping of the notion of property that
occurred in the 18th century as a mental prelude to the industrial
revolution in the sphere of production.
The story of the first patented pharmaceutical method is
crisply told in Adrian Johns’ history of intellectual property wars. Briefly,
Nehemiah Grew, the secretary of the Royal Society, developed a process for
extracting a mineral salt from the spring near Epsom. Formerly, the water there
had been bottled for resale; this, however, was an unsatisfactory mode of
distributing the health-giving waters, because the water spoiled quickly,
primo, and secundo, the druggist was not averse to adding regular water to the
bottle, adulterating the product. Grew, with the help of a “trusted operator”
named Thomas Tramel to extract the mineral
salt, which could then be added to whatever liquid one wanted. The process
differed from that of simple distillation – as it had to in order to preserve
the healing power of the salt.
However, Grew’s attempt to exploit his scientific discovery
came to nought. This was due to the enterprise of another pair of druggists,
Francis and George Moult, who acted, in Johns’ terms, as pirates. Investigating
Grew’s method, they decided that they could reproduce it. Soon they were
producing more salt than Grew. They also had a firmer sense of the print
culture than sheltered Grew. Instead of appealing to lumberous worthies from
the Royal Society, they advertised and found local worthies in various towns to
vouch for their product. They even sponsored a cherrypicked translation of
Grew’s Latin treatise on the the salts. Grew took out a patent, but the Moults,
undeterred, spread rumors about Grew’s originality. Grew then tried to sell
them the patent, but they didn’t need it – the Moults, it appeared, didn’t
spend money when they could simply eliminate the middleman – and so Grew sold
the patent to one Josiah Peter, who wrote a book against the “counterfeit
salt”. Johns rescues Peter’s book from oblivion, observing that it presents
four arguments for medical patents that have since become classic: from
invention, from public benefit, from public confidence – which increased the
use of a product – and finally from national trade.
These arguments continue to be in play today. It is the
first argument that interests me the most: the argument that invention must be
conceived broadly.
“Peter conceded that
virtually all inventions were “grounded upon some precedent Invention.”
Yet he insisted that in
some cases the new device gave rise to whole new fields of knowledge or
endeavor, and in such cases one could indeed speak of real creation. He cited
as an example a proposition in Euclid’s Elements that had become the basis for land surveying;
this proposition had certainly rested
on its predecessors, but that hardly invalidated its status as an invention
with respect to the new discipline.”
Peter’s argument in the
book concerning invention is rooted not in truth or fact alone- rather, it is
truth governed by use. The field of knowledge is in this sense still a commons;
what Peter claims, rather, is that a combination of novelty and utility
underlies the broader sense of invention – to the point that Peter employs what
seems, to the modern reader, to be a pleonasm: the term “new invention”.
Invention, in Peter’s
terms, is not some product that comes ex nihilo from the inventor’s brain, but
is part of a process of improvement – is, in a sense, the transmutation of an
affordance, to use the lingo of modern design:
“There is hardly any
Invention,of the greatest use, but what is grounded on some precedent
Invention.The 41 proposition of the 1st of Euclid, which is the
chief Rule for surveying of Lands,is but a Button shewed upon the Coat made up
of several precedent Propositions. Which Propositions, are yet of no use at all
in the measuring of Lands but this only. And this is an Invention of that great
use, as it hath given the Name of Geometry, to the whole Science so called.
So Microscopes and
Telescope, may be said to be Improvements grounded on a pair of Spectacles: yet
allowed to betwo Inventions, as much more noble; as the discovery of new
Heavens and a new Earth, is above the being enabled, to read a small lettered
Book.” [Peter 19]
Which, indeed, does take
us up to the cosmic peaks of the Blakean grain of sand. Blake, of course,
wagered his grain against the whole Newtonian cosmodamonium. Grew, and Peter,
were on the other side. I was about to say the winning side, but in retrospect
who won is unclear – for Blake represents a disquiet in the artificial paradise
that at the same time assumes it – Blake is revolutionary, not nostalgic.
Meanwhile, in 1709, the Great Chain of
Being is visibly passing away in Peter’s text, and another chain, the
chain of Utility, is being forged – but out of materials from the old chain,
the old hierarchy.
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