The daily union. [volume] (Washington [D.C.]) 1845-1857, 1845-08-19
EXTENSION OF PATENTS.
IcIRcuLAR.l
Patent orrrcE, June 81, ls45.

patent OFFICE, June 81, ls45.
HNHE undersigned, constituted by law board to
Il decide upon applications for the extension oil
patents, have adopted the following suggestions and
rules, for the benefit Of those persons who may
hereafter apply for extensions.
The questions which arise each application for
an extension are
l. Is the invention novel;
2. Is it useful?
3. Is it patuabh and important TO the public'
d. 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 usc2
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.
10 enable the board to come TO a correct conclu-
sion in regard to the third point of inquiry the APP
plcan should, If possible, procure the testimony of
persons disneresed 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
It's value is to be ascertained, the applicant should
show, by the testimony of disnterested witnesses
oath, that he has taken all reasonable measures
to introduce his invention into general use, and that,
without default neglect on his part, he has tued
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, il
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 monopoly of his invention is Sc
cured by law to the inventor for the term of four
teen years. This is done with a view to compen-
safe him for his time and expense in originating and
perfecng it. At the end of the time for which his
patent runs his monopoly should cease, and the in
vention become public properly unless he can 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 remunented 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.
r NJ -.