Evening star. [volume] (Washington, D.C.) 1854-1972, 1890-01-18

the following remarks. which the Board of
Promotion herewith submit in support Of the
proposed building for working models of great
American inventions.
| Mr.. President and Gentlemen: In 1887. at the
| time Of the adoption Of the Federal Constitu-
| ton, q provision was incorporated therein
which conferred upon Congress the power TO
promote the progress Of science and the useful
arts, by securing by legislation for limited
times to authors and inventors the exclusive
| right to their respective inventions and dis
<coveries, and to also make all laws which might
he necessary and proper for carrying into exc
| cution such power.
The ORIGINAL PATENT LAW.
In pursuance of this constitutional permits
| sion, and on the 10th day of April. 1880, the
| first statute upon this subject was enacted by
| Congress. This legislation provided in brief
that upon receiving proper application therefor
the Secretary OF state, the Secre;ary OF the
| Department Of War and the Attorney Gen
eral. or any two OF these ministers, might cause
etters-pasent 20 be made ont in the name of
the United states to bear teste' by the Presi-
! dent of the United States. and granting to the
petitioner the INVENTOR his heirs. administra-
| tors. etc, for any term not exceeding fourteen
years. the sole and exclusive right of making.
/ constructing. using, and vending his invention
| or discovery.
| Inns act also required every such patentee at
| the time OF receiving the grant to deliver for
! permanent retention. in addition 10 bis speclti-
| cation In writing. model OF the thing invented
| II the nature OF the invention should admit OF
| Illustration in that way.
From the time of the enactment of this stat
ute until tue year 1896 our patent system. like
| lie present system OF England and indeed, of
most European countries permitted an appli-
| cant tor patent to obtain the same upon simply
| thng the usual application and model and pay
| ng the fee, leaving the question Of novelty and
usefulness. IN case OF any controversy, to be
| thereafter settled by the courts.
| This system oil things obtained until the year
| 1886. at which time a thorough and complete
| revision of the entire legislation upon the SUBJ
| ject was had Committee of the Senate was
| appointed upon motion OF Senator Ruggles, of
Maine. and this Committee, after an exhaustive
examination, and on the 18th day of April
| 1886, made report, and presented a bill for
the entire reorganization OF the Patent Office,
which bill became a law on the 4th day of the
| following July, and of which law no greater
| commendation need be suggested than the fact
that 1t to-day remains upon the statute books
| in nearly all its essential features absolutely
unchanged.
| III tier report the Committee called atten-
| ton TO the fact that for more than forty years
| The Department of State had been issuing pat
| ents on every application without examination
| INTO the merits or novelty of the invention
| and they earnestly urged radical reformation
| III that regard.
Notwithstanding the facilities with which
| patents were obtained from the time of the
| enactment OF the first statute until the enact
ment OF the last statute above referred to- q
| period OF forty-six years. but 1913 patents
| mad been granted. This statute of 1886 changed
| Tie whole system and the whole theory upon
which patents had been heretofore granted.
| Letters-patent could no longer be obtained for
| the simple asking; an applicant was not only re-
| CURED to state upon oath that he verify believed
| himself 10 be the original and first inventor
OF the device which he sought to patent, and
| that he did not know or believe that
the same was ever known before or
| used, but the Commissioner of Patents,
| whose othce was created by this statute,
| was required to make or cause to be made an
| examination and salty himself that the appl-
| cant was the original and first inventor,
| and that no part of that which
was claimed to be new had been before in
| vented or dlscovered; and when satisfied, first,
| that the invention for which patent was sought
| was novel and useful; second, that the same
| had never been patented or described in any
printed pubiication. and third, that the appli-
! cant was the original and first inventor then
| the grant should be made.
| MODELS OF INVENTIONS.
But the proper solution of the question to
which was invited to address myself does not
demand ;hat ~hould follow further the history
of the Patent Office, or Of the legislation in its
| from the time of the enactment of the first
| statute upon the subject until the year 1870
| every applicant for patent required to fur
nish with his application "a model of his in
vention, IN all Cases which admitted of a repre-
! senttton by model, OF convenient size to
| exhibit advantageously its several parts" In
| pursuance of this provision many thousands of
| models have been furnished.
| In the fall of 1877 nearly one hundred thous-
| and models had accumulated, been retained.
hat lima 1iSoct
| fire occurred which destroyed great numbers
| of them. Seven years before. however, as sug-
| gested a moment ago, the statute which had
| been in existence SO long, and under the re-
| 9uirements of which this vast accumulation of
| models has occurred was amended. SO that
| thereafter no applicant for patent was required
| to furnish model to illustrate his invention,
| unless the same should be specially required
| by the Commissioner after the reception of the
| apphcauon. This provision OF law has re-
| manned ever since and is now in force
There were the best of reasons for this enact
| ment: In the first place. models were accumu-
lating SO rapidly that the question OF where the
| room should be found for their preservation
| and exhibition had become a serious one. In
| the second place, the method of preparing
preserving and reproducing drawings had In
| the meantime, been greatly improved upon. so
much so that IN the vast majority of cases no
illustration by model was necessary; and in
! the third place, the preparation of a model was
usually the most expensive part of the applica.
| ton, and entailed upon the applicant a large
| ,Xpense. Since the enactment of this last
| mentioned statute, as a matter of course the
| accumulation OF models has been comparatively
SLOW.
| MODELS ON EXHIBITION
| The great ''World's Industrial and Cotton
Centennial Exposition" which opened at New
| Orleans on the first day of December 1884, and
| closed on the LIST day of the following June.
| will be rendered by all. At that great expo
| Hltlon the Patent Office was represented
| About 1900 working models were furnished by
| the Patent Office and exhibited there
| In the summer of 1884 my predecessor the
| then Commissioner of Patents and Commits
| sloner for the Department OF the Interior of
this exposition, ISSUED a circular calling upon
1 the leading machine manufacturers of the
country to furnish gratuitouslv small work
ing model which would show the DEVELOPMENT
no. the particular invention or art illustrated by
ssuch machine. and promising to exhibit the
fstme, in connection with other exhibits for the
'leurpose OF illustrating the progressive stages
Tof the different industrial arts" OF course the
,Afeld was SO immense that the Commissioner
was compelled 10 confine himself to those which
5were supposed to be'conspicuously prominent"
Il and In which the general pubic felt the great
est interest. Notwithstanding the lateness of
the invitation the responses were prompt and