New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1870-03-05
THE PATENT SYSTEM.
IFcTrRr ny GEN. SAMUEL "A. DUNCAN.

Gen. Samuel A. Duncan He said: Tho wonderful
progress in the arts and sciences during the last four
centuries especially the last hundred years s the
bned result Of various influences The invention OF the
art of printing, by multiplying and cheapening the
means OF knowledge, and placing within tho reach OF
every seeker after truth the accumulated experience ana
wisdom OF the race stimulated the mind into unwonted
activity The development of the laws Of steam and
and IN MI The industrial pursuits OF life has made that
wonderful mechanism, the steam engine one OF the ns'
and the political institutions OF the world The Reforma-
ton too operated to release the human mind ron tne
calling bondage under which II grOaned when ls lctters
were broken then freedom OF thought ana liberty
OF conscience and larger spirit OF inquiry Bnt, an
largely the result OF the liberal encourage
ment which enlightened governments nave
coverers and introducers Of new and useful
inventions Recognizing the great and lasting dement's
that naturally to the state from the creation
within its limits OF new branch Of industry or the In
PRODUCTION of any Improvement in trade or
the legislation OF every country In ChrlstendOn, WIN
solitary exception has provided system OF patents with
view to encouraging the spirit OF invention when our
own Government founded this source OF national
prosperity was not overlooked wisely Judged the wise
men who framed the fundamental law OF the RepuDhc
when they Incorporated therein provision cOnefrng
authority upon the National Legislature TO promote the
progress OF and the ueul arts by securing for
limited times to authors and inventors the exclusive
right to their respective writings ana discoveries
Contornably with the power conferred ny tnG oonsI.u
designed to tho contemplated protection 10
inventors The first law relating to patents LOT nyen,
repealed in the act OF 1898; and TINS again. Win suDse
qnent amendments, was superseded by the legsaoh OF
1886 The approved July of that year entitled An
act TO promote the progress OF the useluI arIs as
variOusy amended and supp emented' forms the OASIS
of our present system Of patents.
Much has said about the inherent natural right OF
property the products OF ones BRAIN and Is upon tins
ground that frequent attempts made to Justify the
granting Of patents. wherever thought ana line anu
ingenuity have expended and valuable results pro
duced the full benefits thereof It argued should accrue
to him whose brain and hands have done the Work-ust
deud nd he
over the products OF his land or the iaDOrer
Ohr,,nr r ,his he The correct theory Man un-
doubtedly has a natural right over everything Oh
his own creation and which at the same time he has inc
power mOnopoze; but only to the extent ana 80 long
as he can nonopolze it, When 1t goes beyond that ana
individual calls upon the state TO inerpose It's strong
arm for his proecon the state responds only when In
its nent it Is for the interest or the whole TO 90 ~
In things material houses and lands ana boasS Oh
burden, the world agreed that society derives al
vantage their exclusive ownership by lhdlViduhs
They are capable Of Individual appropriation ana hence
the state recognizes anu protects the rght OF properly
therein But IDEAS incapable OF appropriation 90
long idea remains III the breast OF INN win whoh
II originated it ID ms, because he can coo ~ WITH
10 j. communicated II u behOhd M oon,u
Driven from material possession man hay reeotvl
II by obs steal force but recovery ~ exclusive possession
Of in idea which has once passed 20 Others beyond
human power II there be uAtuIdl llglt % properly ~
r so as 10 control not simply the idea Itself while 1t
secret but all the various embOdmeuts OF II by
when II mas become disclosed, Why shal not that rght
%e rid in pcrpetutyi But against slch proposition
the sense OF whole woild IeNoIl9' II Its ""Op'ioh
were uo,sibc. il would check progress forever 80
I'm the Csc given application Tor patent IL pelhS
primarily decided that there i ne'o displayed me
anestIOHs then to be determined are: Is ne" MIN tne
ipnlirant and - useful To decide these questions
properly WorA .! aegr ~! fTteYHIye 6sSCHIea
involves an txti,, - "a tllo entire bolI 81 hhrt1ghu
patents now numbering than 100000, Il large mass
OF rejected applications, the patents OF foreign
sseociotons and "A long list OF rapidly multiplying sceI
tiac and technical journals. Many leEal queStoS aLo
also involved winch require an acquaintance WIN tie
entire body Of judicial decisions ia ths branch Of Jurs
The question of novelty IL usually found to be the most
iug the facts upon which i To be settled The question
OF unhy divides into three branches: is tho machine
OF process operative Theoretically 2 Is II trivial
or frivOlUusf Is il peruiCuusi How these various
questions are practically managed may perhaps best be
illustrated by few examples. For Instance: An appli-
cation recently filed for alleged Improvement in the
tIc water rtn lie PROV OF tho vessel ana tho shaft
running back. geafs with transverse shaft carrying
paddc-Wheeis, ass provided aud sails erccted the
wind gives motion 10 the vessel this puts the screw
ia revolution, and the screw OF course the
tnat Of the wind, impel8 the craft with increasin
velocity and So tho "oIk goes on, the screw giving
power to tue wheels ana the wheels to the screw-uut
carrying the invention 10 Ito logical cOHcusOn the vessel
must either take ire from excessive friction, rs she
dashes onward IN her maddrhtd career, or brhg up
against some unucAy continent with shock suicieLt
interior without the delay attending the ordinary mode
OF dIscharGlug freight. His application was properly
rejected Perpetual motions have never yet 0ae
ceeded.
As regards inventions OF n,ischicsous tendency.
notable C;se came before tho officer under the admins
traon OF the i6n Joseph iiot ahe applicant sought
patent for "polceman's club" 80 constructed that
upon releasing ga spin me row o Of ReSfd{f9
hand OF adversary. Applicants prOfessed object
to provide policemen with fmpg means Of protection
and yet Obyiate the necessity Of arnng them with
deadly weapOus-so Objectionable because often used
with fatal eject IN the heat aud danger OF personal en-
counter. The Commissioner refused the patent the
ground that while the safety OF be conservatory Of the
public peace in their conflicts with lawless men was
audable object, amt might bo secured by the new mpe
men yet II transformed to weapon OF defense III inc
hands Of desperadOes inevitably would DO, 1t would
Among the many thousand applications received
yearly II is to bc expected that many singular inve
tons will be found. Beside the cases already named,
reference might Do made to patent granted years ago
for mode OF removing worms from lde human system
without medicine small cI llhder llcd WIN eInp
ing bait and having strng attached 10 IT, is s"dOWtu
by the sufferer. The Tcrm he kindly consents 10 carry
on his part Of the programme hruAts his head into the
trap, and dsturbs spring which Is armed WIN SET OF
teeth and which, being released darts forward to
are Withdrawn together. The description suggests
strict OF preliminary dieting for the patent aud
actually recommends IN OBSTINATE eases In oIder 10 III
complete success that he be Kept without nOurs'
ment for live ana even seven days.
A few statistics to the current business OF the
Patent Office may not be uninteresng The whole mum
Der of patents issued up 20 date Is lO0AS while about
$4,000 have been rejected In 1867 INC applications
numbered 1921 and the patents issued lJ'e6 vi teso
l2 were citizens VI the United states dnd 5ii 10 cru
Of q different foreign countries 70 put these
pateus into PRINT there Ia constantly employed at the
Government Printing Office force OF u composiiors.
The patents to American citizens were distributed III
part as follows: To New England about 20 per cent,
having her share 10 per cent and Con
nectcnt 81 per cent? to the Middle States, D. per cent
New work alone rceeylng % per cent; To ONO and
the II states that engaged the Rebellion but n per
cent Before the war these States had never received
larger proportion Of the patents granted nan u per cent
Ihe dgres show that England the largest
proporilon Of patents according 10 her population.
The expeuses VI the Patent Oiico up % the present
fine have been S 1881 IS, to which, II be added the
cost OF the building iief and the money expended upon
the annual reports the entire sum VIII reach perhaps
$40 600 600 hut what Is this computed 10 the benefit
derived by the public from single Invention OF real I'M
porfance There perhaps 10000 sewing machines IN
nseu I'M, country Ten cents day would seem absurd
E low estmn 10 of the value of each Of these To lie owner
and vet even this daily PrUht would make The
aggreg annual sum the community from this source
alone 5 OyDOOo Ia computed that the saving VI gram
nv the use uf tIreshing machines III place O the HAL
which tey have supplancd Is 1000 UObushels annually.
The distinctive feature Of the American system az oOi.