Evening star. [volume] (Washington, D.C.) 1854-1972, 1885-09-12
THE PRESSURE FoR pArENrs.
commissioners Montgomery Answers
Ex.Gov. Hamilton and Suggests that
Justice be Done by Congress to the
Patent Office.

Ex-Gov. Hamilton, of Maryland, in q recent
speech at Hagerstown took occasion to give ex-
preston to his views in regard to the system
governing the issue Of patents. He maintained,
as ne olo When member of the Senate COM
inlttee on patents, that too many patents were
Issued, and that this was especially true in the
case OF agricultural implements and inventions
likely TO be used by farmers. He thought that
the fatent Office was nxious to increase its re-
ceiPts' ana Tor that reason many useless patents
were issued.
patents, when told what the ex-governor had
salo, observed that he had found in the short
lime mat ne had been at the head Of the office,
The claimant, the attorney, and their friends,
M Dtre aown upon the examiners with argu-
aim an edntreasy and even threats, their entire
That Is all the claimant cares for and the exc
T1n,neas nave to meet tremendous pressure.
dict az again, the issue OF patent is like yer.
cannot be placed in peril Of p his life a second
once issues the action is final. In the event of
u. Inc patent being rejected the claimant has q
TTariiety OF forms of appeal with the right of
United States The commissioner said that he
leit called upon to urge his examiners to be
careiul ana exact In their action upon patent
be issued.
"But then," continued the commissioner, 81
am brought face to face with this difficulty. I
uno mat examiners are three or four months
Denino, That an application made to-day will
not oe considered for three or four months. At
once say that this is not right and that in
ventors ought not to suffer the fardships of
oelay. The inventors have their rights as the
ices tney pay are more than enough to meet the
expenses OF this Office. There is now some three
million OF surplus in the United States Treas
1ry and our monthly receipts are about
100000. The office charges well for its work
and 1t ought to be done promptly and we'll. To
remedy the evil go to the examiners and tell
tnem that they must have their work up, They
say very we'll and begin to turn the patents out
as iaSt as can sign them. But their work is
not done we'll and many of the patents ought
not to be issued
.'The trouble is" went on the Com missioner,
tine force In the Patent Office is too small. The
work Is behind because there is not force enough
10 attend to the cases and do them well. This
Is not mere clerical work, but requires time and
study. AS soon as q sufficient force is allowed
by Congress for the proper management of the
business OF the Office then the delay now COM
planned OF will cease, and more time can be
gwen 10 the cases and errors thus avoided OF
course examiners are only human, and under
the pressure which have referred to NAV at
Times allow their judgment to be overruled and
mus issue an unnecessary patent; but my poll
cy is TO restrict the issue of patents to that
which Is strictly new and original, and think
that 1T Is much better to reject patent than to
issue 1t. In the former case the inventor has a
remedy; in the latter case the government has
none. think that when Congress treats the
fatent office Justly that it will be benefit to
the entire country, and the complaints referred
to will cease"