The daily union. [volume] (Washington [D.C.]) 1845-1857, 1845-07-07
EXTENSION OF PATENTS.
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PATENT OFFIcE, June 81, ls45.
TINE undersigned, constituted by law board to
Il decide upon applications for the extension of
patents, have adopted the following suggestions and
rules, for the benefit Of those persons who may
hereafter apply for extensions.
The questions which arise on each application for
an extension are
l. Is the invention nopei?
2. Is it useful?
3. Is il uaitable and important to the public?
4. Has the inventor been adequately rem,sneraled
for his time and expense in originating and perfect
ing i'll
5. Has he used due diligence in introducing his
invention into general usei
The two first questions will be determined upon
the result of examination in the Patent Office;
as will also the third, to some extent
To enable the board to come to a correct conclu-
sion in regard TO the third point of inquiry, the APP
pcan should, il possible, procure the testimony Of
persons disnterested in the invention, which test-
mony should be taken under oath.
In regard to the fourth and fifth points of inquiry
in addition to his own oath showing his receipts and
expenditures on account of the invention, by which
its value is to be ascertained, the applicant should
show, by the testimony of disinterested witnesses
oath, that he has taken all reasonable measures
to introduce his invention into general USE and that,
without default neglect his part, he has failed
to obtain from the use and sale Of the invention
reasonable remuneration for the time, ingenuity,
anu expense bestowed on Inc same, ana the lntro-
duction thereof into use.
The report Of the examiner upon the novelty and
utility of the invention, will be ready fifteen days
before the day appointed for the hearing which will
be open for inspection at the Patent Office; copies of
which will be furnished to all parties Interested If
desired, on payment of the usual fees for copies
In case Of opposition by any person to the extern
sion of patent, both parties may take testimony,
each giving reasonable notice to the other of the
time and place Of taking said testimony, which shall
be taken according to the rules prescribed by the
Commissioner of Patents in cases of interference.
All arguments submitted to the board must be in
writing.
generally, that monopoly of his invention is SCI
teen years. This is done with view to compen-
safe him for his time and expense in originating and
perfecting it. At the end Of the time for which his
patent runs, his monopoly should cease, and the in
vention become public property, unless he can show
good reasons to the contrary The presumption is
always against his application; and if he cannot
show that his invention is novel, useful, valuable,
and important to the public and that, having made
all reasonable effort to introduce into general use
he has not been adequately remunerated for his
time and expenses in discovering and perfcctng it,
the board cannot grant an extension.
JAMES BUCHANAN,
Secretary Of State.
EDMUND BURKE,
Commissioner of Patents.
s. BARTON,
Solicitor Of the Treasury.
Thepubshers of the following papers will please
insert the above notice twice each week for two
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