Showing posts with label Law. Show all posts
Showing posts with label Law. Show all posts

Saturday, November 8, 2025

Patent

Patent (pronounced pat-nt or peyt-nt)

(1) The exclusive right, granted by a government to an inventor (or owner of the invention) to manufacture, use or sell an invention for a certain length of time.

(2) An invention or process protected by an exclusive right to manufacture, use, or sell it.

(3) An official document conferring on the inventor the exclusive right to manufacture, use, or sell an invention; letters patent.

(4) Protected by an exclusive right given to an inventor to manufacture, use, or sell an invention; patented; the holding of an exclusive right to manufacture, use, or sell an invention.

(5) Relating to, concerned with, or dealing with the granting of exclusive rights to sell or manufacture something, especially inventions (ie the matter of “patent law” dealt with by a “patent attorney”.

(6) Of or pertaining to a right, privilege etc conferred by a patent.

(7) To take out a patent on; obtain the exclusive rights to (an invention, process, etc) by securing a patent.

(8) In US law, the instrument with which by which the federal government conveys a legal title in fee-simple (freehold) to public land.

(9) An ellipsis of patent leather (a varnished, high-gloss leather used in fashion for shoes, handbags, coats and such).

(10) As patent leather, a hide treated in a way which results in a very shiny surface.

(11) Of plate glass, ground and polished on both sides,

(12) In pharmaceuticals, (of a medication) sold without a prescription and usually protected by an exclusive legal right to manufacture (described often as “patent remedies” or “patent drugs”).

(13) In medicine, (of a duct or passage in the body) open or unobstructed.

(14) In medicine (including veterinary medicine) of an infection, in the phase when the organism causing it can be detected by clinical tests.

(15) In phonetics, open, in various degrees, to the passage of the breath stream.

(16) In metallurgy to heat a metal above a transformation temperature and then quench (cool) it in preparation for cold-drawing, wire pulling etc.

(17) In gambling, the combination of seven bets on three selections, offering a return even if only one bet comes in.

(18) In baking (of flour), fine, and consisting mostly of the inner part of the endosperm of the grain from which it is milled.

(19) In botany (and sometimes in horticulture and agriculture generally), expanded or spreading.

(20) Lying open; not enclosed or shut in (often as “a patent field” and applied also to open doorways, passages and such.

(21) Readily open to notice or observation; evident unconcealed, conspicuous, palpable, clear (usually in the phrase “patently obvious”).

(22) To originate and establish as one's own.

(23) A characteristic or quality that one possesses; in particular (hyperbolic) as if exclusively; a monopoly (often in the form “got a patent on”).

(24) An official document granting a right (the significance of the "patent" element in "letters patent" being it indicated the document was openly published an accessible to all (ie in the sense of the Latin patēns).

(25) Any right granted by such a document.

1250–1300: As an adjective, patent was from the Middle English patent, from the Latin patent-, stem of patēns (open, standing open), present participle of patēre (to stand open, lie open).  The Middle English noun patent (document granting an office, property, right, title, etc.; document granting permission, licence; papal indulgence, pardon) was either a clipping of “letters patent”, a translation of the Medieval Latin littera patēns or litterae patentēs (open letters) or was directly from the Anglo-Norman and Middle French patente (which endures in modern French as patent) or a clipping of the Anglo-Norman lettres patentes, Middle French lettres patentes, lettre patente and Old French patentes lettres (document granting an office, privilege, right, etc or making a decree).  The adjective patent (granting a right, privilege, or power) emerged late in the fourteenth century while the sense of “open to view, plain, clear” was in use by at least 1505 and use as an adverb dates from the mid fifteenth century.

The verb dates from the 1670s and was derived from the Middle English nouns patent & patente (wide open; clear, unobstructed; unlimited; of a document: available for public inspection), from the Anglo-Norman & Middle French patent and directly from their etymon the Latin patēns (open; accessible, passable; evident, manifest; exposed, vulnerable), the present active participle of pateō (to be open; to be accessible, attainable; to be exposed, vulnerable; of frontiers or land: to extent, increase), from the primitive Indo-European pete or peth- (to spread out; to fly).  The verb originally was used in the sense of “to obtain right to land" by securing letters patent” while the meaning “obtain a copyright to an invention” was in use by at least 1822, building on the earlier meaning (recorded in 1789) “obtain an exclusive right or monopoly” a privilege granted by the Crown by the issue of letters patent.  Patents issued thus (for a licence granted by a government covering a new and useful invention, conferring exclusive right to exploit the invention for a specified term of years) came into use in the 1580s.  Patent is a noun, verb & adjective, patenter, patentor, patentee, patentholder, patency, patentability, impatency, patency & prepatent are nouns, patented is a verb & adjective, patenting is a verb, patentable, antipatent, patentlike, patentfree, patentless & impatent are adjectives and patentably & patently are adverbs; the noun plural is patents.  The derived forms (nonpatentable, unpatentability, repatent etc) are used as required.

Alice Geek TeckTM strapless bra.  The product was released with Geek TeckTM still in its "Pat. pend" phase.

The Alice Geek TeckTM strapless bra was released in 2015, its novelty being the use of “Patent-Pending Geek TeckTM” panels which exploited the Van Der Waals forces (intermolecular electrostatic attractive forces) created by their silicone construction with microscopic hair-like structures known as setae (analogous to those found on the feet of geckos, famous for their ability to attach themselves (upside-down) to ceilings, using, if need be, only one foot.  The theory was the Geek TeckTM panels would “stick to” the wearer’s skin thereby enhancing the most important design imperative of the strapless bra: staying up.  US patent 9,402,424 was assigned to Kellie K apparel LLC but it seems not to have succeeded which is unfortunate because there’s a gap in the market for a genuinely gravity-defying strapless bra.

The familiar term “patent pending” (often seen stamped on products in the abbreviated form “Pat. pend.”) is used to indicate a patent application has been filed but has not yet been granted.  The significance of the use is: (1) it can act to deters competitors, signalling to potential “copycats” that patent protection is expected to be granted, thus discouraging attempts at imitation, (2) it’s thought to lend credibility to a product, thus conferring a marketing advantage, (3) it can make a product more attractive to potential investors because a patent grants years of protection from competition and (4) the existence of the label can in subsequent infringement proceedings lead to a higher award of damages because it can be used as evidence the other party did not act “in good faith”.  However, the mere existence of a “Pat. Pend.” label does not provide legal protection and others may still (at their own risk) copy and sell the product, something of significance because patent applications can take months (or even years in complex or contested matters) to process and there have been cases where a company violating a subsequently granted patent has “come and gone” (taking with them their profits) by the time a patent is granted.  Importantly, a manufacturer cannot mark something as “Pat. Pend.” just to try to ward of potential competition and in most jurisdictions it’s unlawful to use the term if no application has been filed.  In legal slang, “patentees” and “patentspeak” are terms referring to the legal and technical jargon used in the handling of patents while “patentometrics” is the statistical analysis of patents.

In law, “patent troll” is an informal term used (usually disparagingly) to describe an individual or company which acquires and enforces patents in an aggressive and opportunistic manner, often with no intention of producing, marketing, or promoting the subjects of the patents.  The term is based on the similar concepts “trademark troll” and “copyright troll” and in more formal use a “patent troll” is usually styled a “patent assertion entity” or a “non-practicing entity”.  The seemingly curious business model (making money by neither producing or selling stuff to which one holds the exclusive patent) works usually through litigation or (more typically) the threat of litigation, exploiting the cost–benefit imbalance between contesting versus settling a lawsuit.  Sometimes speculatively but usually because potential targets have been identified, patent trolls will (1) buy older or unused patents from bankrupt companies, small inventors or concerns which have no further use for them or (2) file new patents that are broad or vague, something especially prevalent in highly technical fields where change is rapid (anything IT related the classic example) and specialists can amass hundreds or even thousands of patents, some unambiguously enforceable, some with enough of a hint of validity to be a creditable threat.  Thus equipped, patent trolls search for possible targets for litigation, the ideal victims being (1) companies so big they might settle a claim for what is (for them) a small sum (though most lucrative for the trolls who may have done little more than send a C&D (cease & desist letter)) or (2) smaller companies which cannot afford the cost of litigation (they might settle for less but it’s still a profit to the troll) because even if a case successfully is defended, the cost of doing so can, in the US, run to millions.

What that means is the troll’s business model has three potential revenue streams: (1) licensing fees, (2) one-off settlements and (3) court-awarded damages (in the rare instances in which a case goes to trial).  With no costs associated with R&D (research & development), product testing, production or marketing, a troll’s overheads are comparatively minimal and limited usually to legal and administrative fees.  Highly developed practitioners of trolling also use elaborate company structures made up of trusts, shelf companies and such, often in trans-national form, the jurisdictions chosen on the basis of which is most advantageous for a certain purpose (secrecy, taxation arrangements, limitations of liability etc); all these layers can protect a troll’s assets from counter-claims.  Patents are also “just another asset” and once assembled become a portfolio which can be leveraged as investment vehicles, something done often by the device of bundling them in securitized form, sometimes S&Ded (sliced & diced) for sale to investors, not as individual patents but as a percentage of the whole.

Some products become known as “patent something” because they gained their original uniqueness by virtue of patent protection.  In nautical use, a “patent log” is a mechanical device dragged from the stern of the vessel and used to indicate the craft’s speed through the water; most consist of a rotator (ie on the principle of a propeller) and reading unit, connected by a stiff line (usually covered with a flexible, protective skin).  Even in the age of electronic sensors, patent logs remain in use because they are simple, reliable, low maintenance units which require no external power source, the rotator spinning as it proceeds astern, the rotations of the connecting line registered by a wheel works and dial mounted to the vessel's rail.  The earliest versions of mechanical logs had the counting attached directly to the rotator, meaning the apparatus had to be hauled aboard to “take a reading” so the US innovation in the 1860s of a connecting line (spinning a la the mechanical speedometers which later would appear in automobiles) was an advance which made the thing a “real time” device.

An 1881 Patent Log by Thomas Walker, on display at the Smithsonian Natural History Museum.

For many reasons, to know a vessel’s true speed was an important part of seamanship and “log” element in the name came from the old way sailors determined speed.  Since the sixteenth century, the technique had been to attach knotted rope to a wooden log which was heaved overboard and, the knots being tied at regular intervals, the number of knots counted off over a short period indicating the speed.  From this came the standard unit of speed at sea being the “knot” (one knot being equal to one nautical mile per hour and few things annoy old salts more than the expression “knots per hour”).  The log method obviously was inexact because of the variables to which it was subject so the mechanical device was a great advance.  A company founded by Thomas Walker (1805-1873) as a nautical instrument maker based in Birmingham (in England about as far as one can get from the sea) received a patent for a mechanical log in 1878, sometime before one was granted by the US patent office although that application was submitted in 1877.

Lindsay Lohan during blonde phase in Lanvin patent leather coat, New York City, May 2007.

“Patent leather” describes a hide which has been coated with a process using a substance which produces a high-gloss finish, so shiny as to be described as “like a polished, glazed ceramic”.  In fashion, the attraction of patent leather is that despite the brittle appearance, it retains all the flexible qualities and durability of leather while being almost waterproof (although intrusion can of course be possible at the seams).  Most associated with shoes, boots, handbags and coats, the original patent leather seems exclusively to have been produced in black but a wide range of colors have long been available so the material quickly became a favourite of designers.  In the late 1700s when patent leather first became commercially available in England, the lacquer coating was linseed oil-based but what revolutionized things and made mass-production more viable was the invention by metallurgist Alexander Parkes (1813–1890) of Parkesine, the first man-made “plastic”; it was one of his dozens of patented inventions, thus the name “patent leather”.  It was Parkesine which enabled the development of multi-colored patent leathers and because the product literally is “leather with a synthetic coating”, it’s one of the natural products most easily emulated (in appearance) by a plastic alternative although the imitations never possessed the same qualities.  Interestingly, many of the various processes used early in the nineteenth century to patent leather were never patented.

The former Court of Star Chamber (1836), drawing by unknown artist.

There were also “patent theatres”.  In England letters patent were for years a standard device in the administration of censorship, something that attracted increased interest from governments as soon as the printing presses began to operate at scale.  The printing press was one of the great creations of civilization but their availability appalled priest and politician alike because the last thing they wanted was “the common people” being given ideas (which they knew quickly would become heresy and sedition).  Under Henry VIII (1491–1547; King of England (and Ireland after 1541) 1509-1547) proclamations against heretical and seditious publications soon appeared and in 1538 a statute was added declaring books must be licensed for printing by the Privy Council or other royal nominees.  What this did was create a flourishing black market for works produced by illegal presses and this battle between censorship and “underground” publications would for some 450 years characterize the way things were done in England.  One critical development came in 1557 when the Stationers' Company was granted a “charter of incorporation” which provided that only members of the company (or others holding a special patent) were allowed to print any work for sale in the kingdom.  In 1586, the ever imaginative Court of Star Chamber devised an ordinance which directed that no printing press might be set up in any place other than London (with the exception of one each for the university towns Oxford and Cambridge) and rigorously, the Star Chamber enforced this law with their usual zeal and although the court was in 1641 abolished by the Long Parliament, governments didn’t lose their fondness for censorship; under the Commonwealth restrictions were tightened with all “unofficial periodicals” (a move aimed at troublesome “newsletters, precursors to modern magazines and newspapers) banned and while the Rump Parliament of 1659 permitted “licensed newsbooks”, severely their issue was restricted.

During the Restoration period neither the government’s strategy or tactics much changed and material deemed libellous or offensive (values which cast a wide net) to the state or Church could see offenders fined, imprisoned pilloried or hanged (the last invoked if the offence was judged “high treason”).  By the eighteenth century things had somewhat been relaxed but Thomas Paine (1737-1809) was nevertheless compelled to flee to France when his book Rights of Man (1791) was declared “subversive” and a warrant issued for his arrest; even an article condemning the use of disciplinary flogging by the military could attract a fine of Stg£1,000 (then a small fortune) and two years in prison.  Being popular entertainment and accessible to even the illiterate, censorship of the theatre was important and the licensing of individual plays seems to have begun as early as the 1640s with an inspired piece of legislation in 1572 deeming all players (actors) “rogues and vagabonds” unless they belonged to (1) a baron of the realm, (2) somebody of higher rank or (3) were licensed by two justices.

Theatre Royal, Drury Lane, London, one of the original two "patent theatres".

Later, London’s theatrical companies worked under royal patents created by issue of the appropriate letters patent.  Curiously, governments, while much concerned with the preservation of political & ecclesiastical power, had rather neglected public morality but the Puritans were appalled by even the idea of the theatre.  Oliver Cromwell (1599–1658; Lord Protector of the Commonwealth 1653-1658) and his ilk thought the stage a place of immorality and in 1542 the Long Parliament prohibited all dramatic performances.  Inevitably, with theatres closed, an underground movement arose, the best documented of which were the Droll-Humours.  At or after the Restoration, letters patent were issued so companies could be formed and in 1662 these conferred on the recipients the exclusive right to present, in public, plays in public within the City of Westminster.  It proved a lucrative business and after the deaths of the original holders of the rights, lawyers began their squabble over to whom or what entity the letters patent should be conveyed; the disputes dragged on for some time before ultimately they were settled on the Covent Garden and Drury Lane theatres.  These enduring institutions thus came to be called the “patent theatres” and what the letters called “drama” was confined to the patent theatres.  However, nobody had bothered to define exactly what constituted “legitimate drama” and that remained a source of dispute among critics and lawyers, resolved only when the Theatres Act (1843) rendered the original letters patent inoperative.

Drawing of patent hammer, attached to Mr Richard’s application to the US Patent Office. the image is from the Trowel and Masonry Tool Collector Resource.

In stone-masonry, a “patent hammer” is a specialized hammer used by stonemasons for dressing stone, the head having two faces formed by a number (at least 2 but usually with 4, 6, 8, 10 or 12 “cuts” (blades) broad, thin chisels bolted side by side); the bolts could be loosened, allowing the blades to be removed to be re-sharpening or replaced.  The head of a patent hammer was heavy and the tool was used for finishing granite or the harder grades of sandstone and the choice of which to use was dictated by nature of the stone and the finish desired.  Historically, the most commonly used jaw opening was ⅞ inch but other graduations between ½ and one inch were widely produced and in the jargon of the trade, the number of cuts per nominal inch became the nominal description (eg an “8-cut finish”).  Essentially a time-saving device, use of a patent hammer allowed a stonemason to render a grooved surface more quickly and with more consistency than when using a single hand chisel.  The tools were in various places known also as the “patent bush hammer” “Scotia hammer” and “patent Scotia hammer” although, as a general principle, the Scotias usually were lighter and featured smaller jaw openings.  The tool gained its name from the patent granted in 1828 to Joseph Richards (1784-1848) of Braintree, Massachusetts and although the evidence suggests similar devices had for centuries been in use (presumably crated ad-hoc by stonemasons or tool-makers), this issue of the 1828 patent triggered an onrush of patent applications for stonemasonry tools and the US Patent Office (which classed them as “bush hammers” or “mill picks” to distinguish them from other hammers) soon had literally dozens of variants on the books.

In English law, letters patent and royal decrees (now more commonly styled as royal proclamations) are instruments with which the Crown exercises its prerogative powers, but they differ in form, purpose, and legal effect.  Letters patent are formal, written documents issued under the Great Seal, open for public inspection, declaring the monarch’s will in a matter of public record; they are addressed to all subjects, not to an individual or private recipient.  As an administrative device, letters patent are used to confirm rights, titles, offices, or privileges (including creating or conferring peerages or knighthoods) granting corporate charters (universities or city incorporations etc), issuing patents of invention or land grants and appointing public offices of state (governors, judges etc).  As legal devices, they operate as instruments of grant rather than command and unusually, take effect by virtue of being published, not by their delivery, registration or some form of gazetting.  Importantly, they can be subject to judicial challenge and voided if found to have been issued ultra vires (a legal maxim from the from Latin ultra vires (beyond the power) meaning (in this case) held to be beyond the monarch’s lawful prerogative) so although sounding something of an echo of the days of absolute power being exercised from the throne, they do operate within modern constitutional limits.

A royal proclamation is a command or declaration made by the monarch and issued over their signature but almost always drafted by the responsible ministers in government and published in the Gazette.  While a term like “royal proclamation” sounds like it might be used for commands like “off with their heads”, in modern use, typically, they’re invoked to announce or enforce policies, order, or regulations and that this is done under the royal prerogative is merely procedural.  So, while most are prosaic, (the regulation of this and that; announcing public holidays or public ceremonies etc), historically, royal proclamations have declared war and routinely still are the instrument summoning or dissolving parliament.  In the narrow technical sense the royal proclamation operates as an executive command rather than a grant but has a valid force of law only when issued under a lawful prerogative or statutory authority (since the Bill of Rights (1689), proclamations cannot create new offences or change existing law without the consent of both houses of parliament (as modified by the Parliament Acts (1911 & 1949)).

Mr Andrew Mountbatten Windsor (the former Prince Andrew, Duke of York) in the Garter robe he no longer dons (at least not when in public view).  Mr Mountbatten Windsor is the great grandson of King George V.

Because most are procedural, letters patent usually barely register in the public consciousness but, around the world, their use in late 2025 in the matter of Andrew Albert Christian Edward Mountbatten Windsor (b 1960) certainly made headlines.  Mr Mountbatten Windsor once was styled HRH (His Royal Highness) Prince Andrew, Duke of York, KG (Knight Companion of the Most Noble Order of the Garter), GCVO (Knight Grand Cross of the Royal Victorian Order) but the controversy about his alleged conduct with certain young women associated with the convicted child sex offender Jeffrey Epstein (1953–2019) meant that between 2022 and 2025, almost all his many titles gradually were (in one way or another) put into abeyance before his brother Charles III (b 1948; King of the United Kingdom since 2022) issued the letters patent effectively removing all.

Until that point, the gradual nibbling away of Mr Mountbatten Windsor’s array of titles had been an example of inept crisis management with him in 2022 ceasing to be a “HRH” in a “public capacity” but remaining one in his “private capacity”.  That didn’t mean he could use it only in his bedroom but meant it couldn’t be used were he to appear at any “official public event”.  While one being able to call oneself “HRH” only in private (presumably among consenting adults) might sound a bit of a slap on the royal wrist, it is possession of styles and titles which determine one’s place in the “order of precedence”, something of great significance to those who move in certain circles because where one sits on the pecking order determines things like who has to bow or curtsy to whom and whether at events one gets to sit somewhere nice with the dukes & earls or is shunted off into a corner with the provincial mayors and eldest sons of knights.  As a weapon, the removal of the “HRH” has been used against the Duchess of Windsor (Wallis Simpson; 1896–1986), Diana, Princess of Wales (1961-1997) and the Duchess of Sussex (Meghan Markle; b 1981).  Although Mr Mountbatten Windsor’s notorious television interview (approved by the palace courtiers against the advice of the media pros) seemed at the time the nadir of the crisis management of the “Andrew problem” (ranking with Boeing’s handing of the 737 Max’s “issues” and Intel’s attempt to “non-handle” the flaws in the original Pentium’s inbuilt math co-processor), the “drip feed” of the way his styles and titles gradually were eroded made things worse still.  As a footnote, the former Prince Andrew is now known as “Andrew Mountbatten Windsor” rather than “Andrew Windsor” because his father (Prince Philip, Duke of Edinburgh (1921–2021)) was upset his sons wouldn’t bear his name so the “Mountbatten” was added.

Revelations about his alleged conduct continued to emerge and in mid October, 2025, it was announced that following discussions with the king, he would cease to make use of the styles of address to which he was entitled as a duke and twice a knight of the realm (both knighthoods being in orders of chivalry in the personal gift of the sovereign (his mother) with no involvement by government).  That didn’t mean he ceased to be a duke (with subsidiary peerages) or the possessor of two knighthoods in orders of chivalry, just that he would no longer “use them”.  That meant for all public purposes he would revert to what he was by virtue of his birth: plain old “Prince Andrew”.  Had the revelations stopped there, the “fix” might have worked but as fresh accusations continued to appear, not only was the press making trouble but there were suggestions “the Andrew problem” might be discussed on the floor of the House of Commons where members enjoy what’s called “parliamentary privilege” (the right to make even defamatory statements without risk of legal action).  What appeared to be of particular interest to some politicians was Mr Mountbatten Windsor remaining eighth in the line of succession to the British throne (and thus the monarchies of Australia, the Bahamas, Belize, Canada and such).

Accordingly, on 30 October 2025, the palace announced the king would be removing all his brother's styles, titles, and honours.  While technically this does not revoke the peerages, it does mean they are no longer “effective” and thus not affecting the vital order of precedence.  On 3 November, the king issued letters patent stripping Andrew of both the style “HRH” and title “prince”.  That the king can do this by the mere inking of a sheet of vellum is because (1) letters patent are a powerful tool and (2) in 1917 George V (1865–1936; King of the United Kingdom & Emperor of India 1910-1936) effectively codified the monarch’s authority in such matters; no involvement by parliament being required.  In 1917 the UK was at war with the German Empire so anti-German sentiment was about and as well as changing the royal family’s name from the obviously Teutonic Saxe-Coburg-Gotha to Windsor, the opportunity was taken for an “agonizing reappraisal” of the domestic structure.

Letters Patent issued by George V, 30 November 1917.  When mention was made to the "Great Seal of the United Kingdom of Great Britain and Ireland", the reference was literally to a big wax seal.

Thus, King George V issued letters patent restricting use of the titles “Prince” & “Princess” and the style “HRH” to certain close relatives of the monarch: (1) the children of the sovereign, (2) the male-line grandchildren of the sovereign (3) and the eldest living son of the eldest son of the Prince of Wales (ie the heir apparent’s eldest son).  Other descendants of the monarch would be styled as children of dukes (Lord or Lady).  In doing this George V wasn’t claiming or asserting a new royal prerogative (it had long been acknowledged) but his issue of the 1917 Letters Patent was the moment it was codified and assumed the force of a formal decree.  That’s why it’s misleading to say the UK doesn’t have a written constitution; it’s just all the bits and pieces don’t appear in one consolidated document al la the US, Australia or the old Soviet Union.  The words of the 1917 Letters Patent were:

Whitehall, 30th November, 1917.  The KING has been pleased by Letters Patent under the Great Seal of the United Kingdom of Great Britain and Ireland, bearing date the 30th day of November, 1917, to declare that the children of any Sovereign of these Realms and the children of the sons of any such Sovereign and the eldest living son of the eldest son of the Prince of Wales shall have and at all times hold and enjoy the style, title or attribute of Royal Highness with their titular dignity of Prince or Princess prefixed to their respective Christian names or with their other titles of honour; and that the grandchildren of the sons of any such Sovereign in the direct male line (save only the eldest living son of the eldest son of the Prince of Wales) shall have and enjoy in all occasions the style and title enjoyed by the children of Dukes of these Our Realms.

And forasmuch as it has become expedient that the usage whereby the style, title or attribute of Royal Highness and of Prince or Princess shall be borne by other descendants of Our said Grandfather of blessed memory shall cease, We do hereby further declare that the said styles, titles or attributes shall not henceforth be borne by such descendants of Our said Grandfather save those above mentioned.

Legally, “Our said Grandfather” actually referred to Victoria (1819–1901; Queen of the UK 1837-1901) and what the proclamation did was revoke the practice from Victoria’s time where almost all male-line descendants of the monarch were styled as princes or princesses.  Some countries still operate on the Victorian basis and a particular example is Saudi Arabia, a nation where, under their interpretation of the Sharia, kings and princes may enjoy more than the four wives which is the accepted limit in most Islamic nations which permit polygyny.  The royal scions have thus proliferated and if one moves in certain exulted circles, apart from the odd waiter or hairdresser, it can be possible to go through life and never meet a Saudi who is not a prince or princess.  In Saudi, for many reasons, it would be difficult to change the system but in Demark there recently was a cull of princes and princesses (the titles that is) with those who didn’t make the cut reverting to being count and countess of this and that.  For almost a century the 1917 Letters Patent remained the convention followed but  on 31 December 2012, Elizabeth II (1926-2022; Queen of the UK and other places, 1952-2022) issued letters patent extending both HRH and Prince or Princess status to all the children of the eldest son of the Prince of Wales:

Whitehall, 31st December, 2012.  The QUEEN has been pleased by Letters Patent under the Great Seal of the Realm dated the 31st day of December 2012 to declare that all the children of the eldest son of The Prince of Wales should have and enjoy the style, title and attribute of Royal Highness with the titular dignity of Prince or Princess prefixed to their Christian names or with such other titles of honour.

What that achieved was a bit of “title creep”.  Under the George V rule, only the eldest living son of the eldest son of the Prince of Wales would have been styled a prince; younger siblings would not have been princes or princesses but rather Lord or Lady Mountbatten-Windsor.  What Elizabeth II’s 2012 Letters Patent did was equalize things so all the children of the eldest son of the Prince of Wales would be both HRH and princes or princesses; it’s a thoughtful great-grandmother who thinks of a way to avoid sibling rivalry.  There have since been no further general amendments to the 1917 convention although the royal prerogative has been used to grant or remove titles individually, such the letters patent issued granting the titles prince & princess to the Duke of Sussex’s children.

Windsor Castle, September, 2025.

The UK government's state banquet in honor of the visiting Donald Trump (b 1946; US president 2017-2021 and since 2025), hosted in Windsor Castle in September 2025.  Where one sits on the UK's order of precedence will influence (1) whether one is invited and (2) whether one gets a "good" seat.  Among US presidents, Mr Trump's second state visit was unprecedented.

So, titles and styles are quite a thing in royal families because they operate as a pecking order atop a pecking order.  Despite the frequency with which the claim is made, the British royal family is not wholly averse to change and one change they would be welcome would be things going back to how they were done decades or centuries ago: In 1938, George VI (1895–1952; King of the United Kingdom 1936-1952), being driven through Surry in the company of a US journalist, gestured through the window towards Runnymede, telling his companion: “That’s where the troubles started”.  For the institution of the monarchy, there have since 1215 been many troubles, some quite serious but apart for a brief, aberrant, republican interlude, one royal household or another has remained in place, challenges dealt with as they’ve arisen.  For the royal family, the matter of “the Andrew problem” is not so much what he’s alleged to have done (which could have been handled with the odd wry smile and otherwise never spoken of) but the ghastliness of it becoming public knowledge among “the common people”.  The attraction of “fixing things” by the use of letters patent is it’s quick and (it’s hoped) will mean “the Andrew problem” doesn’t end up being discussed in the House of Commons.  That would be bad enough but once such things start they can get out of hand and if one matter about the royal family is being discussed in parliament, there’s no guarantee it wouldn’t lead to other aspects being questioned.  There are many things about the royal family and their place in the UK’s constitutional apparatus which they’d prefer not be discussed and certainly not in the House of Commons.  As a tactic, the letters patent may well keep the commoners in the Commons at bay but Mr Mountbatten Windsor’s life may yet get worse because various institutions in the US are interested in questioning him in relation to alleged offences committed on US soil and an extradition request is not impossible.

Monday, November 3, 2025

Rack

Rack (pronounced rak)

(1) A framework of bars, wires, or pegs on which articles are arranged or deposited.

(2) A fixture containing several tiered shelves, often affixed to a wall.

(3) A vertical framework set on the sides of a wagon and able to be extended upward for carrying hay, straw, or the like in large loads.

(4) In certain cue sports (pool, snooker), a frame of triangular shape within which the balls are arranged before play; the balls so arranged.

(5) In butchery & cooking, the rib section of a fore-saddle of lamb, mutton, pork or veal (historically used also of the neck portion).

(6) In nephology (the branch of meteorology concerned with cloud formation, structure, classification, and dynamics), as “cloud rack”, a group of drifting clouds.

(7) In machinery, a bar, with teeth on one of its sides, adapted to engage with the teeth of a pinion rack and pinion or the like, as for converting circular into rectilinear motion or vice versa (best known from the “rack & pinion” steering apparatus used in motor vehicles).

(8) An instrument of torture consisting of a framework on which a victim was tied, often spread-eagled, by the wrists and ankles, to be slowly stretched by spreading the parts of the framework; there were many variations.

(9) As “on the rack”, originally a reference to the torture in progress, later adopted figuratively to describe a state of intense mental or physical suffering, torment, or strain.

(10) In equestrian use, the fast pace of a horse in which the legs move in lateral pairs but not simultaneously (the “horse's rack”).

(11) In military use, a fixed (though sometimes with some scope for movement for purposes of aiming), a framework fixed to an aircraft, warship or vehicle and used as a mounting for carrying bombs, rockets, missiles etc.

(12) In zoology, a pair of antlers (more commonly used of wall mounted trophies (eight-point rack etc)).

(13) In slang, ruin or destruction (a state or rack).

(14) In slang, a woman's breasts (often with a modifier).

(15) In slang, a large amount of money (historically a four-figure sum).

(16) In military, prison and other institutional slang, a bed, cot, or bunk.

(17) In slang, to go to bed; go to sleep.

(18) In slang, to wreck (especially of vehicles).

(19) In slang, as “to rack up”, a sudden or dramatic increase in the price of goods or services.

(20) In slang, to tally, accumulate, or amass, as an achievement or score (often expressed as “racked up”).

(21) In vinification (wine-making), to draw off (wine, cider etc) from the lees (to “rack into” a clean barrel).

(22) To torture; acutely to distress or torment (often expressed as “racked with pain”).

(23) To strain in mental effort (often expressed as “racked her brain”).

(24) To strain by physical force or violence; to strain beyond what is normal or usual.

(25) To stretch the body of a victim in torture by the use of a rack.

(26) In nautical use, to seize two ropes together, side by side:

(27) In cue sports, as “rack 'em up”, to place the balls on the tales in the correct spot with the use of a rack.

1250–1300: From the Middle English noun rakke & rekke, from the Middle Dutch rac, rec & recke (framework) and related to the Old High German recchen (to stretch), the Old Norse rekja (to spread out), the Middle Low German reck and the German Reck.  The use to mean “wreck” dates from the late sixteenth century and was a phonetic variant of the earlier wrack, from the Middle English wrake, wrache & wreche, a merging of the Old English forms wracu & wræc (misery, suffering) and wrǣċ (vengeance, revenge).  Except as a literary or poetic device (used to impart the quality of “vengeance; revenge; persecution; punishment; consequence; trouble”) or in some dialects to mean “ruin, destruction; a wreck”), wrack is now archaic.  The equestrian use (the fast pace of a horse in which the legs move in lateral pairs but not simultaneously (the “horse's rack”)) dates from the 1570s and the origin is obscure but it may have been a variant of “rock” (ie the idea of a “rocking motion”).  Nephology (the branch of meteorology concerned with cloud formation, structure, classification, and dynamics) adopted “cloud rack” (a group of drifting clouds) from mid-fourteenth century use in Middle English where the original spellings were rak, recke & reck, from the Old English wrǣc (what is driven) and related to the Gothic wraks (persecutor) and the Swedish vrak.  The use in vinification (wine-making), describing the process of drawing off (wine, cider etc) from the lees (to “rack into” a clean barrel) dates from the mid fifteenth century and was from the Old Provençal arraca , from raca (dregs of grapes), ultimately from the by then obsolete Old French raqué (of wine pressed from the dregs of grapes).  The use in butchery & cooking (the rib section of a fore-saddle of lamb, mutton, pork or veal (historically used also of the neck portion)) dates from the mid sixteenth century and is of uncertain origin but was probably based upon either (1) the cuts being placed on some sort or rack for preparation or (2) having some sort or resemblance to “a rack”.  Rack is a noun & verb, racker is a noun, racking is a noun, verb & adjective, racked is a verb and rackingly is an adverb; the noun plural is racks.

Lindsay Lohan in her natural habitat: with clothes rack, rendered as comic book character by Vovsoft.

In idiomatic use, the best known include “racking one’s brains” (thinking hard), “going to rack and ruin” (to decay, decline, or become destroyed”, “on the rack” (originally a reference to the torture in progress, later adopted figuratively to describe a state of intense mental or physical suffering, torment, or strain) and “racked with pain” (again an allusion to the consequences of being “racked” “on the rack”).  The “rack” as a description of a woman’s breasts is one in a long list of slang terms for that body part and dictionaries of slang are apparently divided on where it’s the breasts, genitals or buttocks which have provided the most inspiration for the creation of such forms.  The Australian slang “rack off” is an alternative to the many other forms popular in the country used to mean “please go away” including “sod off”, “piss off”, “fuck off”, “bugger off” etc; depending on context and tone of voice, these can range from affectionate to threatening.  The term “clothes rack” was once used to describe attractive women whose only function in public appearances appeared to be being conspicuously well-dressed.

Luggage rack & ski rack page in the 1968 Chrysler Parts Accessories Catalog (left) and promotional images for the 1968 Chrysler Town and Country (right).  Because the full-sized US station wagons could be fitted with a third seat in the back compartment (thus becoming eight-seaters), the roof-rack was sometime an essential fitting.

In transport, luggage racks were among the earliest “accessories” in that they were additions to hand & horse-drawn carts and carriages which enabled more stuff to be carried without reducing the passenger-carrying capacity.  There were “roof racks” and “trunk racks”, both there for the purpose of carrying trunks, secured usually with leather straps.  The most obvious carry-over to motorized vehicles was the roof-rack, still a popular fitting and still sometimes fitted as standard equipment to certain station wagons (estate cars).

1972 De Tomaso Pantera.

Although it wouldn’t have been something the designer considered, the mid-engined De Tomaso Pantera (1971-1992) had a rear section defined by buttresses which made it so suited to the installation of a luggage rack that Gran Turismo (an after-market accessories supplier) produced one which was as elegant as any ever made.  Because of the location directly behind the rear window, when loaded it obviously would have restricted rearward visibility so in certain jurisdictions doubtlessly it would have been declared unlawful but if one lives somewhere more permissive, it remains a practical apparatus.  Ironically, the Pantera had probably the most capacious frunk (a front mounted trunk (boot)) ever seen in a mid-engined sports car and one easily able to accommodate the luggage the car’s two occupants were likely to need for a weekend jaunt.  Even if superfluous however, in the collector market it’s an interesting period piece and well-designed; easily removed for cleaning, the four mounting brackets remain affixed to the deck lid.

1973 Chrysler Newport two-door hardtop (left) and 1973 Triumph Stag (right).

Larger cars of course carried more than two and if they travelled over distances, usually they carried luggage.  The full-sized US cars of the early 1970s were very big and had a lot of trunk space but many, with bench seats front and rear were configured as genuine six-seaters and that could mean a lot of luggage.  Accordingly, both the manufacturers and after-market suppliers in the era offered a range of luggage racks.  Upon debut, the lovely but flawed Triumph Stag (1970-1978) was a much-praised design which offered the pleasure of open-air motoring with the practicality of four seats (although those in the rear were best suited for children) but the sleek, low lines did mean trunk space was not generous and luggage racks were a popular fitting.

1959 Austin-Healey Sprite (left) and 1971 C3 Chevrolet Corvette Convertible LS5 454/365 (right).

There have been cars (and not all of them were sports cars) with no trunk lid.  In the case of the Austin-Healey Sprite (1958-1971), the lack of the structure on the early versions (1958-1961) was a cost-saving measure (the same rationale that saw the planned retractable headlights replaced by the distinctive protuberances atop the hood (bonnet) which lent the cheerful little roadster its nickname (bugeye in North American and frogeye in the UK & most of the Commonwealth).  It had additional benefits including weight reduction and improved structural rigidity but the obvious drawback was inconvenience: to use the trunk one had to reach through the gap behind the seats.  It was easy to see why luggage racks proved a popular accessory, sales of which continued to be strong even when later versions of the Sprite (1961-1971) and the badge-engineered companion model (the MG Midget (1961-1980)) gained a trunk lid.

Have trunk, can travel: Nor Cal’s (of Stockton, California) trunk lid kit for Austin Healy Sprite, May 1961.  Note the standard-sized license plate; the Sprite really was small.

However, noting Austin-Healey’s cost-cutting meant the Series 1 Sprite’s trunk came lidless, modern commerce quickly saw a gap (technically also a “lack of gap”) in the market and “lid kits” soon appeared.  Advertised as meaning “no more acrobatic maneuvers when loading luggage”, mention was made also of an installation making the spare tyre easier to reach, a matter in the early 1960s of some significance because tyres then were not as durable and punctures more frequent.  The advertising copy was selective in that it mentioned “no welding necessary” but neglected to point out an owner would need to cut the required hole; presumably, that would have been thought obvious.  It was a proper trunk lid in that it was lockable and said also to be “waterproof”, the latter a quality owners of British sports cars really didn’t expect so the novelty would have been a selling point.  For those Sprite owners whose family had gained a child, the improved accessibility to the trunk would have been most helpful because, as parents know, going anywhere with an infant requires carrying a large bag of stuff.  They might also have been attracted to the "baby seat" available as an accessory from the Healey factory; it was a design which would now be thought extraordinary (others might use a different term) but at the time it was just the way things were done.  

1963 Corvette (C2) Coupe. This was one of GM's official publicity stills and one can see why the decision was taken not to include a trunk lid but the absence enhanced structural integrity and it was this Chevrolet chose to emphasize.

Curiously, the Chevrolet Corvette (C1, 1953-1962) did have a trunk lid but when the second generation (C2, 1962-1967) was released for the 1963 model year, it had been removed and not until the fifth generation (C5, 1997-2004) did one again appear.  Access to the storage compartment in the "non-trunk" years could thus demand some athleticism but people didn't buy Corvettes on the basis on the basis of their utility as baggage carriers.  By the the twenty-first century, the Corvette's luggage rack moment mostly had passed but there were still those who retro-fitted them as a "period accessory" even though, in the modern collector market, the very sight of the things seems to upset some.

Racks on Porsche 911s.

Variations of the theme: ski rack (left), bike rack (centre) and surfboard rack (right).  The luggage rack has proved an adaptable platform and specialist versions are available for many purposes but in many cases the same basic structure can be used as a multi-purpose device with “snap-on” fittings used to secure objects of different shapes.  The Porsche 911 (in production since 1964) was an early favorite on the ski fields because of the combination of and air-cooled engine and the rear-engine/rear wheel drive configuration which provided good traction in icy conditions.

Mercedes-Benz and the ski rack.

Mercedes-Benz in the 1950s offered a variety of ski racks as a factory option and one available for the 190 SL (W121, 1955-1963, left) was thoughtful in that it permitted access to the trunk (boot), even if the skis were in place.  The design used for the 300 SL Roadster (W198-2, 1957-1963, right) was more conventional (and restrictive although it could be used with the soft-top up or down or with the hard-top installed but the unique, doors on the 300 SL Coupé (W198-1 (Gullwing), 1954-1957, centre) precluded the usual placement and the skis had to be centre-mounted.

Markers of the state of civilization: Gun rack in the back window of pickup truck (left) and silver plate toast rack by Daniel & Arter of Birmingham, circa 1925 (right).

The toast rack has been in use since at least the 1770s and, like the butter knife, is one of the markers of living a civilized life.  That aside, their functionality lies in the way they provide a gap between the slices, allowing water vapour to escape, preventing it condensing into adjacent slices and making them soggy while also maintaining a buffer of warm air between so the cooling process is slowed.  In the way of such things, there have over the years been designs ranging from the starkly simple to the extravagant but some of the most admired are those from the art deco era of the inter-war years.

The gun rack in the back of a pickup truck is now a classic MAGA (Make America Great Again) look but the devices have been in use for decades and were always popular in rural areas with a tradition of hunting.  Whether such things are lawful depends on the jurisdiction.  In the US, some states have an “open carry” law which means one is free to carry certain firearms unconcealed and this includes gun racks which are similarly unrestricted; in states where an “open carry” permit is required, a separate permit is required for a gun rack to be used in a vehicle while in jurisdictions with no “open carry” legislation, gun racks are also banned except for those able to obtain a specific exemption.  So, it can be that travelling across state lines can involve some additional effort, even if one is authorized to carry a firearm in both placed.  Usually, this demands the weapon being unloaded and encased in an area inaccessible to both driver and passengers.

The rack as a marker of the state of civilization: Cuthbert Simpson, Tortured on the Rack in the Tower of London (1558), published in from Old England: A Pictorial Museum (1847) and reprinted in The National And Domestic History Of England by William Aubrey (circa 1890).

The most famous of the many apparatus of torture which proliferated during the Middle Ages (and beyond), the rack was an interrogation tool which remained in use until the eighteenth century.  Although the rack is most associated with the Roman Catholic Church's Inquisition, it was popular also in England as a device to extract confessions to various crimes, especially heresy.  The designers were imaginative and racks were produced in many forms including vertical devices and wheels but the classic version was a flat, bed-like structure, made with an open, rectangular wooden frame with rollers or bars at each end to which the wrists and ankles of the accused (or “the guilty” as often they were known) were secured.  The rollers moved in opposite directions by the use of levers with the victim’s joints slowly and painfully separated.  Among the rack "operators", it's believed many really enjoyed their work; for some in the Inquisition, it clearly was a calling.

RACK is used as an acronym, one being “Random Act of Conditionless Kindness” which seems not substantively different from the better known “random act of kindness” although presumably it imparts some depth of emphasis, given random acts of conditional kindness are likely the more commonly observed phenomenon.  In certain sub-sets of the BDSM (Bondage, Discipline (or Dominance) & Submission (or Sadomasochism) community, RACK means either “Risk-Aware Consensual Kink” or “Risk-Accepted Consensual Kink).  Both describe a permissive attitude towards conduct which is to some degree “risky”, undertaken on the basis of “a voluntary assumption of risk”.  In that it differs from the tastes of BDSM’s SSC (Safe, Sane & Consensual) sub-set which restricts it proclivities to things “not risky”.  The RACK practitioners acknowledge the difficulties inherent in their kinks and do not claim to make a distinction between “safe” & “unsafe” but rather between “safer” and “less safe” (ie degrees of danger).  What this means is that in extreme cases there are potential legal consequences because while the implication of RACK is that to some degree one can “contract out” of the statutory protections (citing a voluntary assumption of risk) usually available in such interactions, in the case of serious injury or death, the usual legal principles would apply.