The daily union. [volume] (Washington [D.C.]) 1845-1857, 1845-08-13
EXTENSION OF PATENTS.
JcIRcuLAR.l
PArrNr OFFICE, june 81. ls45.

PATENT OFrIcE, June 81, ls45.
TIME 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 nopeR
q Is it usefup
g. Is il pai,iabie and important to the pubicl
\ a. Has the inventor been adequately renuneraied
for his time and expense in originating and perfect
ing it,
5 Has he used due diligence in introducing his
invention into general user
The two first questions will be determined upon
the result of an examination N the Patent Office;
as will also the third, to some extent.
To enable the board to come to correct concur
sion in regard To the third point of INQUIRY lhe APP
pcant should, if possible procure the testimony of
persons dianteresed in the invention, which testi-
mony should be taken under oath.
In regard to the fourth and fifth poinss Of Enquiry,
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
on oath, that he has taken all reasonable
to introduce his invention into general use, and that
without default neglect on his part he has failed
to obtain from the use and sale of the invention
reasonable remuneration for the time, ingenuity
and expense bestowed on the same, and the intro
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 viii be furnished 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
ka ,la tbar had tha
Commissioner of Patents in cases of interference.
All arguments submitted to the board must be in
writing.
In conclusion, the undersigned would remark,
generally, that monopoly of his invention is Sc
cured by law to the inventor for the term of four
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 show
good reasons to the contrary. The presumption is
always against his applications and if he cannot
| show tina; his invention is novel, useful valuable,
and important to the public, and that having made
all reasonable effort to introduce it into general use,
| he has not been adequately remunerated for his
time and expenses in discovering and perfecting it,
the board cannot grant an extension.
JAMES BUCHANAN,
Secretary of State.
EDMUND BURKE,
| Commissioner of Patents.
S. BARTON,
| Solicitor Of the Treasury.
Thepublishers Of the following papers will please
insert the above notice twice each week for two
months, and send their bills to this Office for pay
mcnt, viz: Union, Constitution, and United States
Journal, Washington Republican and Argus, Bal
timore; Keystone, Philadelphia Union, Harris
burg; Morning News and Jetfersonian, New York;
Herald and Gazette, Providence Post, Boston; Ad-
vertiser, Lowell; N. H. Patriot, Concord; States
man, Columbus, Ohio; Kentucky Democrat, Louis
! ville Courier, New Orleans.
|