Evening star. [volume] (Washington, D.C.) 1854-1972, 1891-04-08

Madison and Mr.. Charles Pinckney, which re-
suited in paragraph of section of article of
| the Federal Constitution. 'Wise,and illustrious
men were they, these constitution framers,"
| the speaker said 'but they had no conception Of
the importance ofwhatth did when. just before
the curtain fell upon their labors, they decreed
that the exclusive rights Of inventors should
be secured. They thought they we're applying
finishing. strokes and touches to an edifice
| which. was otherwise completed, when they
we're really at work upon its broad foundations.
For who il bold enough to say that the Consti-
tuition could have overspread q continent if the
growth Of invention and of inventive achieve
ment had not kept pace with territorial expan-
| sion. 1t IL invention which has brought the
Pacific ocean to the Aleghanies. 1t il inyen-
ton which, fostered by q single sentence Of
the flag of one republic to carry more than
| forty symbolic stars"
THE FIRST LAW.
The speaker then detailed the circumstances
| attending the passage Of the first patent law Of
| April 10, 1880. Under that law the Secretary
! of State, Secretary Of War and the Attorney
| General were to determine in each case
whether patent should be granted. From
April to July they awaited a successful appli-
! cant. He comes at last, and three cabinet off,
GERS, Jefferson, Knox and Randolph, sitting in
solemn dignity, determine that Samuel Hop
| kins is entitled to patent for his new method
OF making pot and pearl ashes.
WHAT MIGHT HAVE BEEN.
| 'Does any one" Mr.. Mitchell went on, "say
that the Office then discharged was unworthy Of
such a tribunal? Let him then remember that
that patent Of July 81, 1890, was the first Of
! $500 patents. Let him try to imagine the
condition of life and society if those patents
| had never been granted. Let him ask himself
| what adequate reason exists for the wizard-like
transformations OF century excepting the
| Sfi 1l,raa lad hxy T
| him compare the saddle and the pillion with
! the parlOr car, the tallow dip with the electric
light, the post boy with the lightning mail
| the telegraph and the speaking telephone.
Let him make corresponding comparison
in every department Of life, along every line
Of progress, and he will see in the signing Of
that patent to Samuel Hopkins an act Of his
! toric grandeur" Fifty-seyer patents in all
were granted under the statute OF 1890. A new
act was passed February q, 1898, which law
| prevailed, with some notifications, until the
! great law Of 1885 was enacted
AN EPOCH CREATING Law.
'The act Of 1885," said the speaker, "created
| an epoch. An eminent statesman has pro-
| nounced it the most important event from the
| Constitution to the civil war. Less than IO, 900
patents precede 1t, more than $50 900
| have followed in its train. Under it the patent
Office was established. Under it the first COM
missioner Of patents was appointed, and hardly
Aau tA0 hppIOflHS 6iRHdtuT6 OF Andrew
Jackson been affixed before the walls
| OF yonder Doric temple, already completed
| in design, began to rise. The most important
change brought about by the act Of 1856 was
| the restoration Of the examination system and
the establishment of an examining CORPS of
| experts. The English system, developed on
executive lines, relegated all investigation to
the courts; the American plan, developed on
Legislative lines, made the Investigation precede
| the grant. The law Of 1880 followed the
ArSna l.,
Jefferson and his associates formed an examin-
ing board. Then came the act of 1898, which
| avowedly initiated the English system, and
permitted q patent to be issued to any one who
should allege that he had made an invention,
and should make oath that he believed himself
| to be the true inventor.
THE AMERICAN SYSTEM.
'The act Of 1886 restored the American sys-
tenn. The patent office was vested with quasi
judicial as well as with executive functions, the
patent being sdjudicated upon in advance. and
possessing, as soon as 1t was granted, the at
| tributes of patent, which. under the old sys-
tenn, had been tested by expensive litigation.
The Importance to inventors Of the system Of
| preliminary examination has been declared to
be inestimabie. 1t places at the service Of
] the humblest inventor the services of
| trained experts in law and mechanics. II makes
the patent something more than an assertion
! OF right, something more than challenge to the
inventor. 1t bears testimony that it has been
compared with prior patents and publications.
domestic and foreign and with all that has
| been done in the United States, far as known,
and that the device or process claimed is what
! 1t processes to be-a new departure in the arts.
Thus the patent acquires an immediate COM
mercial value--a value which is enhanced lust
| in proportion as means are supplied by the
| government for making an inquiry as complete
and exhaustive as it is in human power to
make it.
SUBSEQUENT NOTIFICATIONS.
Tho speaker gave a brief sketch Of John
Ruggles, the Senator from Maine, the author of
the act of 1886. The speaker referred to other
laws since passed which had modified In some
details the statute of 1895. In 1861 the term of
a patent was extended from fourteen to seven
teen years. In 1870 the laws we're consolidated
| and when the laws of the United States were
revised in 1875 the act Of 1870 was re-enacted
without substantial change. All the statutes
since the law Of 1886 have been in substantial
| accord with the policy inaugurated by that act.
and have had for their object to carry that
policy into effect, with such notifications
1880 three patents were granted; in 1880 the
number was &c, 49, In 1850 the receipts were
about SIS; in 1880 they were 81 ,340, 37260. In
| 1880 the work could only have required the in
| frequent services of single clerk; in 1890 the
| number OF employees, including the examining,
clerical and laboring force, was $50 men and
women.
LINES OF GROWTH.
''The growth of the patent system" said the
speaker, has been brought about by the
friendly laws which have mentioned exercis-
ing their influence for the most part in four
| different channels.
81. The patent system has stimulated in
ventive thought. Benjamin Franklin, q man
| of science, stood by the side Of the old hand
lever printing press for generation and left 1t
where it was left three centuries before BY
Guttenburg. 1t remained for Hoe and other
| inventors who worked under the stimulus of
the patent laws and patented their inventions
| to produce that marvellous machine for dis
seminating knowledge that has made the world
q university. A century ago the apprentice
learned the skill and secrets of his craft and
logged along contented with his requirements.
! Today no workman expects TO leave his craft
or calling without lifting IL to higher plane
and providing it with better Observation-Disclosures.
A new power Of achievement has come into
human thinking, Men OF al callings seem to
have acquired the faculty, and no explanation
Of the change il even plausible, which ignores
the stimulating influence of century Of patent
| law.
| "a. The patent system has stimulated men TO
transform their thinking into things. It IL .
long and toilsome road from the first fugitive
suggestion through failure aud discourage
| ment and temporary defeat TO an invention In
. form perfected. II men we're not induced
BY the rewards of patent system 10 cling 10
their new ideas through all the vicissitudes Of