Evening star. [volume] (Washington, D.C.) 1854-1972, 1889-02-11

| country" as quoted by the World itself? "A
large number OF these practitioners are lg-
norant and Inscriptions, and seek only to OBJ
tam patent for their credulous dupes and OBJ
tain the promised fees" Says another, "a care
| ful and thorough preparation" of cases leaves
| little room for complaint Yet the examiner
who upholds the law against these same ig-
norant and inscriptions practitioners, who
endeavors to cure the faults of careless and I'M
thorough preparation, is an obstructOnist for
sooth! The simple fact is that for every In
! stance Of ignorance and incompetency on the
part of the examining corps. the records will
| show dozen on that of inventors and attor-
| neys.
THE TELEPHONE CASE.
In an issue of the World of a date subse-
quent to January Is an attempt is made to dis
credit the capacity and methods of admin
istration Of the present head of the Office and
at the same time to create the impression that
| in relation to the Bell telephone controversy
ground has been officially taken which is con-
trary to the weight of scientific and expert
opinion, and with no better support than OBJ
stinacy. But it is well known to be the pre-
vailing opinion among those having dealings
with the office, and who are not biased by the
natural effects of their own ignorance and in
competency, that nothing better could happen
to 1t than the retention in the commissioning
of the present incumbent; and as to the Bell
telephone the opinion of World reporter is,
of course, entitled to more weight than that OF
the Supreme Court of the United States, the
able counsel for Bell, and the official experts
whose business it is to decide questions OF
| similar character to that therein involved.
Finally, if opportunity for fraud is reason
for abolishing the examination system, let the
critics abolish al law; unless perhaps they can
point TO some law which closes every avenue to
! fraud. But before doing either, let them re-
member that ''two heads are better than one;'
that neither as individuals, nor as part of the
public, as inventors or as attorneys. can they
afford to do without the Skill knowledge, and
experience acquired by years of service, the
view from another standpoint, and the essen
italy unbiased criticism furnished by the
present system, at an expense less than that
at which it could be had under any other, il at
all. There is, in fact. no distinction in logic
between a proposal to abolish the present sys-
tenn and one to do away with all the lower
courts.
wINNowISG MACHINE.
The patent Office is the great winnowiEg
machine, through whose operation vast masses
of rubbish which would otherwise obstruct the
industries of the nation are consigned to the
waste heap. To abolish the official search
would be to destroy this machine and substi-
tute what? A host of similar machines. badly
made, unfinished. and left to run themselves at
enormously increased aggregate expense. Do
away with the system of official examination,
and you are more likely to practically legaliZe
a species of robbery now but rarely practiced
and only upon the easily duped, rather than to
effect Bn improvement such as would warrant
such an extreme measure. 1t is admitted that
the present system has many defects. But
they are not inherent in the system itself; they
are rather the result OF the manner in which
| the system is administered, and largely of the
disposition to consider public Office spOils of
war and not as public trust; of the niggardly
policy which allows upwards of three millions
of dollars to lie idle in the treasury to the
Of f1,,v, far,fo rha Of
the commissioner is at such a figure that in the
last thirty-eight years there have been nine
teen incumbents of the Office. Experience has
developed defects in the details of the law. but
Congress stterly ignores the commissioners
oft-repeated recommendation as to the cure.
But WHAT Is THE REMEDY?
The inventors of the country have it in their
own hands. Let them insist that the office
shall have ample means. ample room, ample
force, so that there shall be an end of inacces-
sible records and extra hours of labor. with
their demoraliZing tendency to lax and hasty
work. Let them insist upon having a commits
siOner and assistant commissioner trained in
science as well as in the law, and with such a
salary as will insure their incumbency for q
reasonable period, and consequently a much
needed stability in the practice of the Office.
Let them insist upon an examining force Sc
lected and tested and promoted by rigid COM
petitive examinations and not by political N
fiuence, as has too frequently been the case.
Let the organized inventors insist upon these
things. and they will get them; and having got
them. will undertake to say that the business
of granting patents will be carried on with as
little friction and individual hardship as neces-
sarily accompany the administration of any
great public function. But without the re-
quisites named inventors will continue, as now
to suffer occasional hardship, while as class
obtaining substantial justice and protection
and the public will continue sometimes to be
robbed in the name of the law through the
wrongful issuance of patents.
w. ". TOWNSEND,
Examiner U. s. Patent Office.