Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1881-05-29
PATENTS.
The FormalitieS to BE Gone Through
Before Obtaining a Patent.

| PATIENTS.
Ine kOrmalttieS to BE Gone Through
Before Obtaining Patent.
Familiar as the results of the work O
the Patent Office are to the majority O
us, there are many who do not under
stand the modus operandi of getting
patent. The Government has wisel,
made the procuring of patents not onl,
cheap, but, always supposing the appli
can't has something new, excessivel,
easy. An inventor is not required il
this country, as he is in some of The
European states, to become acquainted
with mysteries alongside of which those
OF Eletlsis were child's play; nor is hi
constantly encountering vexatious tech
nlcalltles which sgive him pause. >
Given the invention, which must be
new and useful, the Government re.
qulres the inventor to file petition fol
the patent; an oath that he is, as far as
ne knows, the original inventor specif.
cations containing full and very clear
description of his invention, such a de.
scription, in the words of the Rules O,
Practice of the Patent Office, "as will
enable others skilled in the art to which
1t pertains to make and use the same p
drawings which show clearly the ma.
chlnery, if machinery it be; and, when
1t Is practicable, model which can be
worked.
The tests applied by the Examiners
OF the Patent Office as to the newness of
an invention are very severe. Not only
Is 1t compared with the many thousands
OF patents granted in this country. it has
to stand comparison with all of the
known Inventions of other countries.
The Patent Office reports of all Govern
ments that issue such publication are
searched. II the invention stands these
tests 1t is then examined as to its useful
ness. The last of these is seldom made
by an examiner, for the simple reason
that applications are not often put in for
things which would be of no use at all.
Patents, however, are often refused for
machines prejudicial to public morals.
as, for example, gambling contrivances.
The invention having been perfected,
the specifications have to be written out.
These must contain a description of the
invention, clear, full and expressed in the
plalnest possible manner.
The specifications having been writ
ten, the drawings have to be made. The
Office requires that they shall be Of uni
form size, ten by fifteen inches, made
upon stiff calendered paper, and that all
lines shall be clear and absolutely black.
There is an excessively good rule now in
operation in the Patent Office. In cases
where new drawings are required, owing
to technical errors in those first sent.
the imperfect ones are sent to the exam
iners, in order that there shall be no de-
lay in the examination. We think it
would be well for the Commissioner to
extend this rule to the point of not re-
curing new drawings from applicants
unless the patent is to be granted. AS
things are now the Office makes new
drawings at actual cost. It maintains
large staff of draughtsmen for the con-
venience of inventors, and in this. as in
everything else connected with it's work
ings, shows itself animated by spirit of
great iberality and a desire to make
everything as easy as possible for the
applicant. The demand, then, for the
fees for new drawings when the patent
is ultimately refused is one which is not
in consonance with the spirit in which
the institution is carried on, and is often
q severe tax on the inventor. As the ex-
into the application can take
place with the old drawings, and under
the present rule does take place, the
work of the Office would not be injured
by the proposed extension. With the |
various papers the applicant is required
10 send in model, when one is practi-
cable. This model must not exceed one
DOT in length, breadth or height.
The application being complete, it
goes through the Office in its order, this
being determined by the date of the
ling of the papers. By special request
If one of the heads of Government de-
oartments applications for patents NAV |
De taken up out Of the regular order.
Such request is not often made, as may
,e supposed. When the'application has
Accessfully passed the examiners, the
,atent is granted by the Commissioner.
This gives to the inventor the sole own
'rship of the invention, within the limits
II the United States. for period of sew
nteen years. His invention has become
in legal sense, and he may
reat it exactly as he would any other
ind of property-he may sell it, lease
t, mortgage it, or give it away. If it is
f great value he will make his fortune
he holds on to it, by royalty or any
ther means; or if it is worth nothing
numerically he will have lost his time
~ H.,