The daily union. [volume] (Washington [D.C.]) 1845-1857, 1845-09-09
PATENT OFFICE AT WASHINGTON


PATENT OFFICE AT WASHINGTON.
1t is curious and interesting 70 trace the origin
and history of the present patent system Oh 'he
United States.
BY the constitution, it is made one Of the duties
Of the general government to foster and promote ihe
useful arts, by securing to inventors the exclusive
fruits of their inventions for limited term OF years
In accordance with this just and enlightened provis
ion of the constitution the act of l79O was passed.
entitled san act TO promote the progress Of the USE
full artsn This act gave form to the patent system
of the United States. Reconstructed the Secreares
of State and Of War and the Attorney General
board to whom application was to be made LOT
patents for new and useful inventions, majority OF
whom were authorized to decide whether or not
patent should issue. If their decision was in the
affirmative the letters patent were delivered to the
Attorney General, who certified them to the Pres-
dent, and he affixed to them his signature and the
great seal of the United States. The term for
which the exclusive right to make, sell, and use
the invention patented, was, as now, limited TO
fourteen years. The patent required to be re-
ceived in courts of justice rs pn,a ace evidence OF
novelty or first discovery ,iable, of course, to be
defeated by proof that the patentee was not the
original inventor of the thing patented.
The act Of 1890 continued in force until II was re-
pesled by the act of February 81, 1888 The last
named act, while retaining the general features of
the system as established by the act of 1880,
for the first time made the Patent Office an exclu,
sive appendage of the State Department. BY that
act, applicants for patents were required to petit
ton the Secretary of State, whose DUTY 1t was to
cause letters patent to issue, securing an exclusive
right in the invention to the inventor and his
legal representatives for the term of fourteen
years. They were also required to be certified
by the Attorney General, and to bear the sigma
ture Of the President, and the seal Of the United
States. The act Of 1893 made some other altera-
tons in the details of the system, but preserving
the outlines as established by the act of 1880. In
the second section, it provided "that simply chan
ging the forms or proportions OF any machine, or
composition of matter, in any degree, shall not be
deemed discovery"-thus recognising the prnci-
pie of novelty, which now forms so important fea-
ture in the operations of the Patent Office, as at
present constituted.
BY both the acts above mentioned, specifications
were required; and models and drawings, when the
machine or invention would admit Of such means Of
illustration. And in the act of 1893 may also be
discovered the first germ OF the Patent Office, as an
independent and sefsustaining bureau. BY this
act the inventor, before presenting his petition, was
required to pay into the treasury of the United
States the sum of thirty dollars, which was to be
Sin full for sundry services performed in the office
of the Secretary of State, consequent on such petit
hire in that Office" Fees received for copies and
drawings were appropriated to the same purpose.
BY the act of 1893, also, the applicant was re-
quired to make oath that he believed that he the
original inventor or discoverer of the machine or
composition for which he claimed patent. On
this oath the patent was ssued-no question being
made, examination had, as to the novelty of the
invention, as is now required by the existing law.
The only duty of the examining clerks was TO see
that the specification clearly described the machine
or composition, and that the claim covered only the
part described as an original invention. These re-
quises being attended to, the patent was granted,
whether or not it covered novel device, or was Of
any utility.
Hitherto, the right to patents for new inventions
was secured only to citizens of the United States.
In 1900, the privilege was extended to aliens who
had resided two years in the United States; and by
the act of 1886, (Which will be referred to more par
tcularly by and by,) it extended to all aliens
imposing upon them, however, much heavier duties
than required to be paid by citizens
The patent system of the United States continued,
with very little modification, as established by the
act Of 1893, until it underwent complete reorgan-
zation by the act of July A, 1885, when it was es-
tablished as separate bureau of the State Depart
ment, with an official head, dcnominated the Com
missioner of Patents In all its leading features the
system continued the same new FEATURE how
ever fvcry great importance, was by the act of 1885,
cngrafted upon it. In every new application for let
ers patent for an alleged invention, the Commissions
er Is required TO investigate the question whether
or not the invention claimed contains new device;
and on the result of that inquiry depends the issue
of the patent If the invention is found to pos
sess no novelty, the patent is, of course, refused.
While adding enfold TO the abors of the Office, in
asmuch as each case requirs review of all similar
inventions in this and other countries, and of
them extending over the widest field of investiga-
ton, this provision of the law has resulted in
vast benefit, not only to the inventor, but to the COM
munity at large 1t has prevented the issue of innu
merabe patents covering old devices, and conse-
quenty has rid the courts of justice of an immense
amount of litigation.
From its very origin, the patent system has in
creased in importance, and in its sphere of opera
tons, science and the arts have progressed, and
as the industrial pursuits Of the country have ex-
banded. In 1890, and during many years after
State Department touching the issue of patents. In
1880, the force of the Patent Office consisted of SUI
perintendent and two clerks. II now has a Com
missioner Of Patents Edmund Burk, esq.,, the late
distinguished member of Congress from the State
of New Hampshire chief clerk, two examiners,
man, machinist, two recording clerks, clerk OF
accounts, two copying clerks, a messenger, three
watchmen, and two laborers. In 1929, (the first
year in which distinct account of its receipts
kept the revenues of the office amounted only 10
the sum Of $3.50 81. For the year ending June
30, l845, the receipts were S4S472 a. and the ex-
penditures 500, 1893 OF. The total amount of the
receipts from 1870 TO June &c. lS45, is Seas, sO5 81
expenditures during same period, $500, 1874 50--of
which sos, 900 was expended in constructing the
present Patent Office building Thus there was
on the Both June, l645, Sl755l1 OF in the treasury
of the United States to the credit of the ''paten,
fund.-
II should be borne in mind, that, with the excep-
ton of small sum received for COPIES &C., the whole
amount of the receipts Of the Patent Office, mention
ed above, has been paid IN by mentors The Patent
Office has cost the government nothing, except for
the erection Of buildings for its accommodation. 1,
now pays its why, and returns surplus Of several
thousands every year to the patent fund.
In addition to the duties imposed upon it the
great head of the progressive arts, it has, within
few years, under the administration Of its late able
and efficient head become the governmental organ OF
that greatest and most important of all the interests OF
the republic--ths agricultural II has done immense
service to the country by the collection and dstrbu
ton annually of some $4,000 packages Of rare and
valuable Seeds and by its annual report showing the
condition and progress Of agriculture in the United
Sl.ioa This branch of its dutica has px 10 The