Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1882-01-01
PATENTS.
The FOrmaIiries TO he Gone Through
Before Obtaining n Patent.

before Obtaining n Patent.
Familiar as the results of the work Of
the Patent Office are to the majority of
us, there are many who do not under
stand the modus operandi of getting a
patent. The Government has wisely
made the procuring Of patents not only
cheap, but, always supposing the appli-
cant has something new, excessively
easy. An inventor his not required in
this country, as he is in some of the
European states, to become acquainted
with mysteries alongside Of which those
of Eleusis were child's play; nor is he
constantly encountering vexatious tech
nicalities which "give him pause. !"
Given the invention, which must be
"new and useful the Government re-
quires the inventor to file petition for
the patent; an oath that he is, as far as
he knows, the original inventor specifi-
cations containing full and very clear
description of his invention, such de-
scription, in the words of the Rules Of
Practice of the Patent Office, "as will
enable others skilled in the art to which
it pertains to make and use the same :"
drawings which show clearly. the ma
chinery, if machinery it be; and, when
it 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 it compared with the many thousands
of patents granted in this country, it has
to stand comparison with all of the
HrO iporanf1Opo 0f oil %u.o
The Patent-Of reports of all Govern
ments that issue such publication are
searched. IF the invention stands these
tests it 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 description of the
invention, clear, full and expressed in the
plainest 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 rood 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
IN or.Sor %bo{ f1o,.a ho1 1>o IL
lay in the examination. We think it
would be well for the Commissioner to
extend this rule to the point of not re-
quiring 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 a
large staff of draughtsmen for the con-
venience of inventors, and in this. as in
everything else connected with it's work
mgs, shows itself animated by spirit OF
great liberality and 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
severe tax on the inventor. As the ex-
animation 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
to send in a model, when one is practi-
cable. This model must not exceed one
foot 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
filing Of the papers. By special request
of one of the heads of Government de-
partments applications for patents may
be taken up out of the regular order.
Such request is not often made, as may
be supposed. When the application has
successfully passed the examiners, the
patent is granted by the Commissioner.
This gives TO the inventor the sole own
ership of the invention, within the limits
of the United States. for period of sew
enteen years. His invention has become
property in legal sense, and he may
treat it exactly as he would any other
kind of property-he may sell it, lease
it, mortgage it, or give it away. IF it is
of great value he will make his fortune
if lie holds on to it, by royalty or any
other means; or if it is worth nothing
commercially he will have lost his time