The daily union. [volume] (Washington [D.C.]) 1845-1857, 1845-08-20
EXTENSION OF PATENTS.


lSihSuLAhsJ
PATENT OFFICE, June 81, IS45
VNHE 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
i. Is the invention norei?
2. Is il useful?
3. Is il raiuabie and important to the public,
4. 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 examination in the Patent Office;
as will also the third, to some extent.
To enable the board to come TO a correct conclu-
sion in regard to the third point of INQUIRY, the APP
pcant should, if possible, procure the testimony Of
persons dislnerested in the invention, which est-
mony should be taken under oath.
In regard to the fourth and fifth points ofinquiry,
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
on oath, that he has taken all
to introduce his invention into general use and that
without default or 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 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
rtal<; hall
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 SCI
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
perecting it. At the end Of the time for which his
patent runs, his monopoly should cease and the in
vcntion 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 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.
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
tmore; keystone, Philadelphia; Union, Harris
burg; Morning News and Jeifersonian, New York;
Herald and Gazette, Providence; Post, Boston; Adj
verliser, Lowell; N. III. Patriot Concord; States
man, Columbus Ohio; Kentucky Democrat, Louis
vile; Courier, New Orleans.