New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1882-10-14
AT THE NATIONAL CAPITAL.
prrs,NEss OF THE PATENT OFFICE.

-
..o,,vpvn,uoNs OF THE CoNMlssIDNTR OF
p.rENrs To THE SECRETARY OF THE INTERIOR.
WASHINGTON Oct. 13.-COmmissoner of
po,sp Marble to-day submitted to Secretary Teller
,nort ~ the business his office for the fiscal year
,uaed June 80 1882, OF which the following Is
,vpoosis: Number applications for patents received
o. s22 number Of applications for design patents re-
gived s54; number OF applications for refssne paen'sre
csfvad 4O7 number applications for registration o.
trademarks 1877; number Of applications for feestfa-
don Of labels, 442; total, 3OOG2 NUMBER OF caveats
fled 2455; number OF patents granted, iucOdhS re-
issues and designs, 1913, number Of trademarks
registered 1919; numOer OF labels registered ~
teal 1908; number patents withheld for noHpay-
Ient OF final fee. 637. number of patents expired
5,l23.
The receipts Of the office from all sources were
eqSOs6l Ii. the expenditu es mot including printing
were S65l,7 I9 so; surplus, S279.l44 Ga.
As Congress failed to make IN appropI ation % con
tnue the work Of the Infringement Of United states
pafents such work was discontinued on August l. Tie
manuscripts which had been prepared have been care
fliiy arranged and put into boxes and stored away
Unfcendy criticism often made because more 'nA"
patent is issued Tor substantially tie same lN''''
while Il Is probable that mistakes wouid o'C1'
a,v oeeur even with proper abridgemeD the hunotF
cf cases would Of course much less ihan IL no" Is
Rcspeeting necessary legislation Commissioner
Marble SAYS: 1t is provided that up'n couli"A'e
ftD the terms Of law appl caut may have pateat
fnn Ms
= -, sale in the United States Than Two years
~ 10 the fling Of is application. II l. uccessar! tat
- anpicant should establish 10 the satisfaction oI the
C,n,issioner OF Patents that his Invention bas LOT
beeu in public use nor on sale iOr tna1 P'Io o,I 'e
reeelve patent IN pCTte casts tls ls now core
h. his oah. 1t not infrequcGty occurs uoNeNer tha'
tians nave been In pubic ON sac Tor more an
Two wears prior the fling OF the Application mess
or AN employe OF the onic., il yoluu.rliy
Yrvdnced b. person having knO"led-e OF o."
10 il q "
Ia interference cases. the faci OI s-t4 ure
or sale is frequently brought out, atLoug"
M strictly pertinent to the issue. SOM pro-
VISION should be made whereby, 40 the rc4dt'' o.
the Commissioner Of party IN interest, SAL Jena
coeld be issued a. in cases TO c0mp tAe N
tendance Of witnesses &c testify as t. the use "a s "a
auy invention fOr wAcu application Tor paieut is
pending IN this office"
lie Commissioner also says: In my OPP ION Tie
terms OF patents issued By this office should noe De-
rendered uncertain by the operation OF tue a"s o. ANY
foreign country, BY tine failure OF ia" patent OK
t1elc asslgnees 10 DO "uai sucn law I'f'4', -
patent for invention which mas been AIS pate c3
in foreign country should be unite. IN liz Iti-n
think That deunlte term shoIil pe uAS, auu ,,
wl.uin which application must 0e hltd III uls once "'
the issuance OF sgch foreign patent DE- lIe-clDt'' 1
view OF tie fact thai the te ms Tor Nulcn P4.Dtt9 ,
DE granted foreign countries are shorter tnan mat Tor
Country G.Gt '' / think that tweve years would
be proper term for patents where me inventor H@'
country, and that the applicant should ME as tppI g.
tion within years after the Issuance oi sHch ael
desire also call your attention to recent dec
sion of the supreme COurt Of tue District ~ GO unl W
relation 10 tue registration Of labels Appuca On Was
MADE Tor the registration q label, wtcn rJec,ed
by the examiner because II was not LABEL but fdu
mark. ThereupOu a writ OF uhndalnd- was sued "ut
egainst the Commissioner compel HIN u register
What the applicant claimed TO b. a IaDe-. Ia
Court held that the Commissioner OF Patent, A.e
no discretion ia the registration OF labels an app-
csat comes WITH tradema K, calls II iaDci ana 81
Tor iis registration aGd pays the required by or
the registration of label II Is the duty " the Cpniul
sicner to cause IL to be registered. Sill Tin"
that The practice of the office III relation 10 tu' IeSs
tOn OF labels and trademarks y correct, nOt"l
ing decision referred TO Ii te DECISION q" Tue 1"H
however, is to be followed, legislation shoAa Oc Aiu
Witch VIII remove every question OF DOUBT Ia reatloh
~ such registration"