The daily union. [volume] (Washington [D.C.]) 1845-1857, 1845-08-09
EXTENSION OF PATENTS.
[orRoULAR.l


PATENT OFFICE, June 81, ls45.
TNHE undersigned, constituted by law board to
J. 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
/. Is the invention nousH
g Is il useful?
g. Is it paiua5Ie and important to the publc'
A. Has the inventor been adequately ren,itneraied
for his time and expense III originating and perfect
ing it,
s. 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 10 come 10 a correct conclu-
sion in regard to the third point of INQUIRY the APP
plicant should if possible procure the testimony of
persons disinteresed in the invention, which testi-
mony should be taken under oath.
In regard to the fourth and fifth points ofinqury,
IN addition to his oath showing his receipts and
expenditures on account of the invention, by which
its value is to be aseertained, tbs applicant should
show, by the testimony of dislnterested witnesses
on oath, that he has taken adj reasonable
to introduce his invention into general use, and that,
without default neglect on his part, he has failed
to obtain from the and sale of the invention q
reasonable remuneration for the time, ingenuity,
and expense bestowed on the same, and the intro
ducon' 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 the Patent Offices 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.
In conclusion, the undersigned would remark,
generally, that a 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-
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 it into general use,
he has not been adequately remunerated for his
time and expenses in discovering and perecting 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 Jeifersonian, New York;
Herald and Gazette, Providence; Post, Boston; Ad-
vertser, LOWELL N. II. Patriot, Concord; States
man, Columbus, Ohio; Kentucky Democrat, Louis
vile; Courier, New Orleans.
June 23-oawQm