National Republican., 1883-09-15
ANNUAL PATENT REronr,

The commissioner oil patents has submitted
to the acting secretary of the interior his re-
port of the business of tho patent Office fol
the fiscal year ended Juno 30, 1888.
The report shows that tho number of ap
plications for patents received was 32,Si5;
number of applications for design patents
received, 1885, number of applications fol
reissue patents received, 2i7; number of ap-
plicatious for registration of trado marks,
s5i; humber of applications for registration
of labels, 7i0: total, 35,734 as against S0,OG1
1882. Number of caveats filed, 2,6Ss mum.
designs, II, 1856; number of trade marks regis
tered, Ss3; number of labels registered
61S total, 22,6s6 Number of patents with
held for nonpaymeut of final fees 2056:
number OF patents expired, 7,l7i. Receipts
from all sources Sl,005,SSI; expenditures mot
including printing!, $277,62S surplus, $51S,-
255.
The increase in receipts over 1881 was
$305,9S9, and over 1852, $165,020.
The number Of applications awaiting action
on the part of tho office on July 1, 1888, was
1860, an increase of 80 per cont over 1882,
The commissioner says that the business OF
the Office is steadily and rapidly increasing.
This increase Is not confined to any particu-
lar branch of tho work, although some classes
but is found in each Of the divisions of the
office. The field of invention seems to enlarge
with tho increasing demands and wants OF
the people and the necessities Of labor and
capital. Improved devices and methods sup
plant old ones, making that which was diff
cult easy and that which was expensive cheap.
The sum of human knowledge is thus being
constantly augmented, the burdens of toll
lightened, and the facilities for comfort and
happiness increased
Tho success of our patent system is due
largely to its liberality to inventors and the
security aud protection il affords them. 1t
was not intended that revenue to the govern
ment should be obtained by charges made for
vesting in tho inventor the right and title for
q limited time to the exclusive use Of his in
vention, Owing to the reasons above stated,
however, not only have the fees received on
applications filed been sufficient to pay all the
expenses of the office, butsa large surplus,
nearly $2,500,000, now stands to the credit of
the Office in the treasury of tho United States.
Greater liberality might, perhaps, be ex-
tended to the inventor by reducing the fees
to be paid before patent can issue and with
beneficial results; certainly more equitable
rate of fees could he adopted than is now
provided, by graduating tho fee to the char
acter and nature of the invention for which
patent is applied. The fees now required in
some cases are excessive, and in others ex-
coedingly small. Iu this way, rather than
by an indiscriminato reduction in tho fees
now charged, as is urged by some, Justice
would be secured, and the office still be self
supporting.
Commissioner Marble comments at length
and with some severity upon tho action of
congress in refusing tho additional clerical
force required, and reducing tho number of
overworked employees lie says:
81 have learned, with great satisfaction,
that inventors and manufacturers throughout
tho country will soon take steps to impress
upon those who have hitherto treated thoir
rights with some indifference the
Importance Of having sufficient force in this
bureau, as well as other appliances and ac-
commodations to fairly and promptly act
upon their applications and determine their
rights to the inventions claimed by them. 1t
is believed by most of them that their votes
are of quite rs much Importance aud their
support to the government fully as necessary
as pensioners and settlers upon the public
land, to whom not too great liberality has
been shown"
Attention Is called to the fact that q very
large number of examiners and assistant ex-
aminers have resigned during the last year.
The commissioner assigns as the principal
reason for their resignation tho insu tliciency
of the salaries allowed, aud says the Office
feels the loss of such experienced officials more
than any other bureau. "The same reasons
substantially, which require an increase in
the force of the office in order that the work
may be promptly and efficiently done, exist
for urging proper salaries to secure the most
efficient men to do this class of work. In
yentors, manufacturers, and others interested
in rights secured by patents for invention, are
entitled to have men perform the work COM
mitted to the Office intelligently and off
GENTLY"
Under the head of necessary legislation the
report recommends that congress confer upon
the commissioner authority to institute pro.
ceedings to determine the question of the pub.
lie use or sale of an invention.
At present in eS parte cases, aud where
there is not an active and interested oppo
nent to the issuance of patent, but simply
an informant of facts which tend to show
that tho invention has been in public use OF
on sale more than two years prior to filing
the application, there is no provision of Law
which authorizes the commissioners of patent,
to institute such proceeding, or to make
any inquiry beyond the information possessed
by the employees of the office. The attention
of congress Is again called to the necessity
for amending the statutes relating to the issue
of foreign patents either by granting thC
patent for definite term, where the inven,
tion has first been patented in foreign
country or countries, without any conditions
subsequent, or by granting it for the full
term of seventeen years from the date of tho
earliest foreign patent
The commissioner says: If patents are t.
be granted at all whero the inventions hay,
been first patented in foreign country th,
| rights of parties under such patent should bt
rendered certain, and this can only be dom
by proper amendment of existing laws"
The report concludes with recommenda
! tion that the United States courts be required
to furnish copies of all decisions involvin,
| the validity of patents to tho patent office 70
publication in the Official Gazette, whicl
would result, the commissioner thinks, in
greater uniformity in their decisions.
Mississippi Republicans ut Chaln,ers,