New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1851-02-06

assumed by both parties, Whicn, according W su0
practice in the Patent Office, the Examiner rays
before the Commissioner Of Patents for his examl'
nation and final decision Il does not appear that
the services Of Mr.. Counsellor Staples, the Attor
nev Of the party asking an extension oil Chanee
Patent were declined. On the contrary, iudgins
from the eminently and palpably one sided report
of the Examiner, Mr.. Gale, submitted to MI
Ewbsnk, the commissioner, and by the lattet
sdouted and sanctioned, there is good reason Tor
the conclusion that Mr. Chaffees counsel did re-
Hevev and aid" the Examiner in drawing up MS
brief and making cut his reporter % connseI Of
party. or the advocate of one side OF great aud
important question at issue, could draw up more
unfair and one-sided report than that WI IN
Mr. Gale the Examiner submitted 70 Ar. T. v
bank, the Commissioner IN the Chaiee extension
case
This report is too long TO be here given in extern
50. or il would be spread upon these pages. 1t
however, is on file az the Patent Office, and can
be examined by those who feel an interest IN the
matter. The correspondence on hle IN the PATENT
Office between Mr.. Staples and Mr. r " bank, rela-
tive to the Chaffee Patent extension, ls OF very
friendly character Mr.. Staples proffer oil re-
lief" and aid to the Examiner shows. Mr..
Ewbanks Official letters to the party opposing the
extension show for themselves any thing else tnan
kindly or courteous bearing on the part oil thelr
author.
LAWS AND RULES FOR EXTENDING PATENTS
Let the laws and rules, respecting the erte1S'0H
of Patents be examined. The sth section OF the
Act approved July T. 1886, is asfollows
SEC I8 ind be Ifpther enacted That whenever any
paeutee Of ventiOn discovery shall desire an extern
sion Of his patent y0nd The term Of It's limitation ne may
make application therefor in wiring 10 the Commissioner
Of the Patent Office setting forth the grounds thereoi aad
The Commissioner shall the applicants paying the sum
Of forty dollars the credit OF The Treasury as 10 lhe case
Of an original application for patent cause 70 be pu0sn
ed IN one or more OF the principal IN .ne Oy
OF Washington snd In such other paper or papers IS ne may
deem proper published 10 The section OF country mos IN
eTested adversely 10 The extension Of Inc patent houc9
OF such application, and of tho time and place when sn9
where he will be- considered that any person may
appeal and show cause why the extension suOuu no. NC
granted And the Secretary Of state. the Commls SION
er Of the Patent Office and the Solicitor Of Tie
Treasury shall constitute board TO hear and de-
eide upon the evidence produced before them both Tor
and against the extension, and shall 81 Tor tna purpose ~
he time and place designated in The published notice there
or The pateniee sha furnish to said board statement Ia
wiring under oath. OF the ascerianed value OF the lnve
lion and of his receipts and expenditures sufficiently Ia de-
Ai TO exhibit true and faithful sccOunt Of loss and profit
In any accrung 10 him from and Oy reas Jn OF sau
Invention And IT, upon hearing OF the matter II shall APP
pear TO the fun and entire satisfaction Of said board having
due regard the public Interest therein maj u IS 9sl and
proper that the Of the patent should be extended oy
reason Of the paenee without neglect or fault on ms part
having failed 10 obtain from the and sale Of his inYen
uon reasonable remuneration for the time, ingenuity ana
thereof into use IL shall be The duty Ofhe COmmisonerlo
renew and extend The Patent by making a ceruhcate
Of such extension for the term Of seven ears from
and after the expiration OF the first term winch cerhcale
with a certificate Of said board Of their judgment and
enI once arc t1edenp0h tpe ssd Pse ss raned
for the ftwenyOne years and the Oene OF suCn
renewal shall extend 10 Hssenees and grantees Oh tue
to use the thing patented the extent OF their respective
patent shall be grained after the expiration OF le term Tor
which il was originally Issued"
The law relative to the granting of an extern
sion of Patent was amended In ls4s, so as TO de.
volve the power, previously vested in board Of
three Government officers solely upon the Com
missioner of Patents. The amended law refers to
and requires the Commissioner TO observe aud be
eovArned by certain rules laid down by the late
board OF dOvvrr.-AaHt officers in a circular and
published as follows
patent OFFICE, June 81, Isl6.
The undersigned, constituted by law board TO decide
ed the following suggestions and rules for the benefit of
ho PEI no may hereafter apply for extensions
The questions which arise on each application for an ex-
l. Is the invention nore
T. Is II useful
S. Il il raiuabie and important to the public
Has the inventor been adequately reauner1ted for his
time snd expense IN originating and perfecung q
D. Has be used due diligence IN introducing MS nVehuon
The two first questions will be determined upon the re-
suit Of On examination in the Patent Oce as VIII also lhe
Toenabe the hoard to come TO correct conclusion In re-
gard to tie third point Of inquiry the applicant should II
POSSIBLE procure the testimony Of persons dsinerested In
The invention which testimony should be taken under oath
In regard 10 the fourth and nth points Of inquiry IN adj
don 10 his oath showing his receipts and eXpendi-
ures Of the invention by which is value TO
he ssoeraned the applicant should show by the testimony
Of disinerested Witnesses oath, that he has taken all
reasonable to Introduce his Invention INTO genera
use and that without neglect his part he has failed TO
Obtain The and sale Of the invention reasonable
remuneration for the time, ingenuity and expense bestowed
on The same, and the Introduction thereof into use M
The report Of the Examiner upon the novelty and utility
of lie invention will be ready fifteen days before the day
appointed for the hearing, which Will be open for lnspec
uon Patent Office copies Of which Will be furnished
ali parties interested desired on payment OF the usual
the If
Patent both parties may lake testimony each giving rea-
sonabe notice the other OF the time and place OF taxing
said testimony, which shall be taken according TO the rules
prescribed by The Commsoner Of Patents In cases OF H.
reference. -, .,
In conclusion The undersigned would remark, generally
that monopoly of his invention is secured by law TO the
Inventor for the tenn OF fourteen years Ihs ls aohe
with view to compensate him for his time and expense
in originating perfecng H. AT the end OF the term Tor
which his Patent runs his monopoly should cease and me
invention become public property, unless ne can snow
GOOD reasons to the cOnu@y The presumption 10 always
against bis applications and If he cannot show that his m
yenon 10 novel useful valuable, and important 20 the
public and that having made ali reasonable effort 10 intro
duce general use be has not been adequately emu
peraed for lis lime and expenses in discovering and per-
fectng H. the board cannot grant an extension
JAMES BUCHANAN, Secretary Of STATE.
EDMUND BURKE. Commissioners OF Patents.
Ri GlLLET, Solicitor Of the Treasury
The act approved May 9th, ls4s contains the
following proviso to one OF its sections:
Prorided That the power extend patents nov vesed
in the Board composed OF the Secretary o. STATE, Conm
siOneF OF Patents, and SONchOr OF Tue treasury uy INC
18Th Section OF The act approved July Jour n elsnee nl
drt thirty SIX respecting the aten Once shall here.
after be vested solely the Commission or Of Patents ana
when al application Is made 10 MN io me extension o a
palen according said eighteenth section and sixty dys
nouce given thereof he shall refer the case to the principal
Examiner having charge OF The class OF Inventions 70
which said belongs who e. al make full report 10
sEd Commissioner OF said case, ard particularly whether
TIE invention OF improvement secured in the patent was
rev and pstertsbe when patented snd ihereupon the
sad Commissioner shs grsnt or refuse The extension Of
said patent upon the same principles ana rhe tAst lase
governed said Board but patent shall be extended Tor
longer tenn than seven years
Bere are all thelaws andrules given which have
sny bearing on the subject Of the granting OF an
extension Of patent by the Commissioner OF the
Patent Office.
Do they in any wise justify the Commissioner
in refusing to a party opposing an extension Of a
patent copy of the grounds fled in favor of the
extension, and proflerng to the party asking the
extension copy the grounds filed by the party
in opposition to the extension