The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-06-29

thus swelling the funds Of the der artment by the
losses of the inventors, and in fact, furnishing
the applicants for havinrs made even an honest
application. Under + present law, twenty dol
lars of the patent fees are, in such cases, returned
Only enough is retained to meet the expenses
actually incurred in the examination.
Section fourth permits any person to obtain
patent if he will swear that his invention has not
been discovered by any other person in this coun-
try, or published or printed in any publication,
before the date of his application. Thus, if any
one should hear secretly of foreign invention,
and chooses to take the oath required, he would
exclude the real inventor abroad, and this latter
would not be able to Protect himself unless he
made application to our Patent Office within two
years from the date of his invention, or the date
of the act itself. This would encourage whole
sale system of piracy, discourage honest Ameri-
can inventors, and lead to endless frauds and
peruries.
The sixth section limits the duration Of a pa
tent from it's present term of fourteen years to
five years, except in some prescribed cases; and
if an extension to fifteen years is required, one
hundred dollars more must be paid at the Patent
Office. And this rule is to apply to all the pa
tents now in force after five years from their re-
spectiye dates.
Under the present economical law patent
may be renewed for seven years longer-making
the whole term twenty-one years-for the sum of
forty dollars The new law, for similar privi-
lege demands one hundred.
This is holding out large encouragement to
inventors in humble circumstances! Highly pa
ternal, all this-highly democratic, for the Anne
rican government to tax poor inventors in this
manner
Under the sixth section, the assignee Of first
patent has the right to the renewal, so that the
inventor who may have been obliged to part
with his invention for a mere song, will not be
able to reimburse himself by an extension. I'm
der the present law he may do SO. During the
last fourteen years about eleven thousand pa
tents have been issued, and at least six thousand
Of them have been sold to capitalists
The poverty Of inventors is proverbial. They
are unable from the absorbing character OF their
pursuits, to compete in the common business Of
life with men Of less ability. They generally
spend all their means in accomplishing their pur-
poses, and they generally find themselves, at the
| very moment of success, compelled to part with
| their inventions to keep themselves from actual
! want Under the present law, the Inventors have
| the benefit Of the renewal Of their patents. II
they live long enough, they may finally obtain
| their reward. Under the new law, this privilege
| is taken away
| But the bill is full Of the most Objectionable
! matter.
| BY the ninth section, the Commissioner Of the
Patent Office is authorized to appoint as many
agents as he may deem expedient, thus furnish
| ing him with horde Of followers whose services
may be particularly useful about the time Of an
election: and to ensure their obedience, the tenth
section permits them to be removed at the Com
| missioner's pleasure, for what in his judgement
| may be gross misconduct or wilful violation OF
1 the rules of the office.
| The eleventh section abolishes the right Of ap-
4 peal to the Circuit Court, and provides for new
4 ofice-that of Examiner in Chef-whO in the alb
sence of the Commissioner performs his duty, en-
4 tertains appeals from the ordinary examiners,
/ and pockets three thousand dollars a-year for his
4 trouble. When the Commissioner is at his post,
1 as he must be nearly all the time, there will be
but little to do for the money. Some compliant
fbmsEeg some political teol, will probably find
The twelfth section contiUsA Zee pn., 49,
up SO as to increase the expenses Of applicants
in many instances seven hundred per cent: for
what now costs only $780, will, under the new law
cost 500.
But worse than this, there is another charge
to be added-a fee of 500 for confirmation OF
the patent. What chance will poor man have
at the Patent Office when the new law takes
| effect?
| But further: The authority now vested in the
Circuit Courts of the United States is, by this act
! placed in the hands of the Commissioner Of
Patents. He is to be the sole judge Of the vail
dity or invalidity Of patents, and Of the legal
| rights Of contending parties
| But we have not time to dissect this bill as we
| wish. 1t is SO worded that it gives fraudulent
patents, after short lapse Of years. the same
validity as the good. 1t makes it practicable for
the Commissioner to Gisburse for printing, an
nually, nearly million Of dollars-it increases
| hiSsalary, and finally concludes with number Of
| sections drawn up so hunglingly as to defy anay
| sis
Full Of windows tha. exclude the light,
Aud passages that lead to nothing.
The whole bill may he. characterised as an at
tempt to increase the revenues, the expenses the
power and the influence of the Patent Office, and
to convert it practically into another engine Of
| corruption. 1t complexities the whole system of
obtaining patents, SO much 80 as to make itneces-
sary to employ an army oflawyers at the very
outset Of the application, and to keep them on
hand all the way through. The meshes, loop
holes and private corners of the bill are enough
to ruin any honest and unsusnecting applicant.
The expenses Of obtaining natents are enormously