The daily union. [volume] (Washington [D.C.]) 1845-1857, 1845-07-31
EXTENSION OF PATENTS,
tcIRcULAR.l

PATENT OFFICE, June 81, ls45.
TINE undersigned, constituted by law a 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
1. is the invention nopeR
9. is it usetid?
3. Is il paiuabie and important to The public'
A. Has the inventor been adequately remunerated
for his time and expense in originating and perfect
ing it,
5 Has he used due diligence in introducing his
invention into general use!
The two first questions will be determined upon
the result of an examination in the Patent Office;
as will also the third, to some extent
To enable the board to come to a correct concur
sion in regard TO the third point of inquiry, the APP
plcant should, if possible, procure the testimony of
persons disnteresed in the invention, which esti-
mony should be taken under oath.
In regard to the fourth and fifth points of inquiry,
in addition TO his oath showing his receipts and
expenditures account of the invention, by which
its value is to be ascertained, the applicant should
show, by the testimony Of disinterested witnesses
oath, that be has taken all reasonable measures
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 a
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 will be furnished to all parties interested, if
desired, on payment of the usual fees for copies.
In 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 10 the rules prescribed by the
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
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
perecting it. AT the end of the time for which his
patent runs, his monopoly should cease and the in
yention become public property, unless he can show
good reasons to the contrary. The presumption is
always against his application; and if he cannot
show tina; his invention is novel, useful, valuable,
and important to the public, and that having made
all reasonable effort introduce ii 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.
The Publishers 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
ment, viz: Union Constitution, and United States
Journal, Washington; Republican and Argus, Bal
timore; keystone, Philadelphia; Union, Harris
burg; Morning News and Jefiersonian, New York;
Herald and Gazette, Providence; Post Boston; Adj
vertiser, Lowell; NJ II Patriot, Concord; States
man, Columbus, Ohio Kentucky Democrat, Louis
iii Orlaans