New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1870-02-12

THAT the foreign plan Is inferior to what have called
the " American system" Of examination, VIII appear
from the following considerations During the year
1869. 1921 applications were filed Ia me Ghlte1 states
Patent Ofi.c OF these, 5.,j were rejected hhaly anu
no patents were granted upon them. These constitute
about % Der tho whole number. by the EnEsn
or foreign system all Of these elected applications would
80 L. Cnn, r1tafs and 52st worthless patents would
have been iOstcd upon the country BUT thls IS NOT al
O the 1856 patents which actually issued. about
finally allowed after material npdlcatos 81 the specli
cations claims BY FAR the greater part OF these nod
araiions were in the nature Of limitations OF claims.
which would othCrwis, have heyn too broad Ia other
during the past year originally claimed 100 much ana
required To abaie ther pretehSlons Deiore tnc
grant made. If tie patents lad been Issued rs they
asked For thtu they woud nave ucceyCI tce PuOc rs
o the scope the inventions and the state OF the art
may be safely asserted that ne largc MINORITY oI tde
patents issued from the Patent once are good ana Nalu
and rightly read aud properly construed, iarly repre-
sent the status Oi the Inventions III te "
relate, that who adopts ordinary precautions
need be deceived by them aS To the character OF me lu
yrptpus plteuted 1t u testimony the thorUughness
OF the examinations, and TO the public appreciation OF
them that while 10 man would bay l0t ol ANA NJ any
price without examination OF the title by competent
counsel. thousands Of dollars are freely invested IN
scarcely reading OF tho document That much loss has
been the result Of this caSygons confidence may be as
prudence aud business sa=acity might not have pre-
vented. .
nor public can any confidence in the patent, how
carefully 1t may be construed or scanned repre-
SCENTS nothing than the guess" OF the inventor as
TO what Invention may be- unsupported by any lnves
ti.nton or adjudication whatsoever. It is sometimes
sai that no patent can valid until tested
by litigation and that, therefore, registered patent Is
as good before litigation one granted upon cNamina-
tio. To this il might well be answered that frequently
neither first nor second SUIT fully develops the state
Of the art or c0nferS fixed validity upon patent IL
may also be asserted that the machinery OF the courts Is
not ~ good Tor me examination OF echane4 duer
as that OF the Patent once. more conclusive answer
that, by the system of eNanlndtOH 0ne-thrd OF tue
applications patented all, and the remainder
winnOwed from the cla % false claims that they
are necessarily better than II issued originally PIE
sented Every process of examination compes the sup
posed invention 10 assume TO some extent Is pioer
place the art and, 10 that extent adds validity 10 the
patent that has passed its ordeal.
Indeed the lack OF this examination and the practice OF
granting patents 10 the first trOducer, well as TO the
inventor of new Improvement, has led 10 move
enemies clamOr for its abolition. Its friends demand
that 1t be improved, aud the Improvement which they
suggest the adoption Of me American system one or
smaller powers have declared against protection hy
patents; not so much, 1t would seem, to destroy the
of those made by their neisbOrs In the abolition OF
more inventions than ali tie Fest of the world put TO.
gether would Of necessity lie the greatest loser would
/ doub, fanny one seriously advocate desire
change Of our system unless II be disappointed appi-
cnus. who would Sather have bad patents than none,
their counsel who share IN their disappointment, ana
such patent solicitors as hope 10 Increase their fees by
making for the inventor ~ much cost OF fees that exam
NATION which the Office now makes for the moderate
charge Of slJ.
ticaly impossible. 10 would he simple outrage upon
inventors and the public, If either were prevented from
subsequent 10 the grant OF the patent Unti
the drawings are printed or copied 50 as 10 be made ac
ject Is, however, considered elsewhere
DRAWINGS.
No part OF the machinery the Patent Oncc j. OF more
value than the drawings IL is 10 these, as has been
stated that is made by tho Examiner In order
to determine the novelty Of every new application
Models may be altered, broken but the drawings re-
main unchanged. Under the law the applicant furnishes
drawing for the of the Office These are carefully
preserved in portfolios where they be readily ex-
amined Some of these drawings have been IN the office
over 80 wears They handled every day, ana have
become soied and some are nearly destroyed
and all Will be- Some provision for their reproduc
ton must made the present 81 stem OF examination
must be abandoned Indeed uudera any system there must
be somehing IN the Office by which new applicants and
the public may know what drawings have been attached
TO the patents that have been already issued and,
whether 10 lie examined by attorneys or by sworn on
Gals single copy OF drawing VIII soon become worn
ana useless.
the office, 10 must be used upon all occasions IL is fire.
uuenty taken To the examiners room Is taken 10 the
room the examners-inchef; IL Is used before the
Commissioner, and must 90 10 the appellate Judge IL
must be withdrawn from the portfolio whenever copy
Is ordered applicant wishes 10 examine reference
This multphes the chances of loss and of destruction
and what of Importance, 10 Increases thc risk OF
examination, since the drawing which anticipates
new application ana shows the alleged invention be-
old may not be- IN the portfolio when the examination
made
10 remedy these evils and provide against the gradual
hut inevitable destruction of the drawings, least
copies should be prepared one for the OF the
crs for the record where the specifications
are kept and where IL would be accessible the public;
FOR the library Two Tor the English patent office, IN
FOR the duplicate set OF printed specifications and
drawings furnished 10 u.s. ana nNe Tor sale when copies
The English French Italian and Belgian Governments
engraye the drawings of all patents az considerable eA
pense and are, IN ths particular. IN advance OF TINS
country
AZ the beginning of this present fiscal year. as
eia approximation wac made IVt Iha pUrose and tue ho