New-York tribune., 1894-01-27
SELECTIONS FROM THE MAIL
A NEW PATENT POLICY.


THE COMMISSIONER sTops SOME APPLICATIONS
PASSED BY THE EXAMINERS.
To the Editor of The Tribune.
Sir: Considerable excitement has been lately
caused among attorneys practising before the
Patent Office by the Commissioner OF Patents refus-
ing to permit large number OF patents to be issued
that have been allowed by the examiners in the
regular course OF their duties which refusal IS
based on the ground that the inventions described
in said applications did not contain patentaole
matter.
To understand this extraordinary and hereto
fore unheard-of proceeding II should be stated
that every application for patent Is subjected
to a severe scrutiny by sworn examiner who Is
an expert in the line Of invention TO which the
Improvement belongs, and II he Is sausned that
the application Is for meritorious novelty anu
that the improvement Is properly described ana
claimed the application IS allowed-that is' the
applicant Is informed that his application mas peen
examined and allowed. and that on the payment
Of the final fee OF $40 within six months OF the date
of the notice a patent will be Issued to him. but
that the patent will not be Issued until saia maj
fee IS paid. Until the payment OF said Zee the
application is retained in what is called the issue
division.
Now the Commissioner is said to have picked
ont sore 800 OF these allowed applications. and
circulars being sent out to the inventors .io' III III
ing them that they are withdrawn from issue, on on
the ground above stated. and this. notwitnsanlihg
the applications had been allowed by examiners & o.
long experience and thorough acquaintanSe , Wltn
the Patent law and practice. and with the lines s
OF invention 10 which the cases belong ana tha oe
Commissioner knows almost nothing OF pae pa.st,e
law and practice. He has had no experience
except what ne has gained In the snort uIhs ,, ne =
has been i'm the Patent Office (most OF %hich 'ite h
has been probably taken up In ilssnins " az,
applications for Office he having haa no P'nU ,sur
conneo ton with the office. as he was trn al, bia
ance agent something OF that kiho oe'o'' "''
apponment by Mr.. Cleveland . f,yori,
There Is no pretence that there was any ~. u
lam or fraud In the allowing OF these pd,tentS ="
held up" but simply that they are ior p In' ,hi
ments that are not entitled TO patents anu nn .,t'
on tho word of a who has no experi,en'Ee, '
m,t who gets up his Will against the ,Ho" 80
OF men some OF whom have spent nos' VI 'n,id sa,d
lives I'm learning and practising patent laMmsa1I 10
hv some able lawyers 10 be the me,apny Sn, , ~
Iav.-and who probably know more ABOUT penn pa.emo
law and the decisions OF the courts bearing
than the Commissioner will be able 10 lesrh "u'
ino the short tpi: ne is likely 10 be In o,ce. ,1
II is understood that the Commissioner has sa,t ~
th.t he was agin patents-llke his conirerPp d. a.
tho Pension Office. who is y 9sn penSoi'
ents like pensions. mostly Issued 10 nnIber
NJ the Northern States and IL Is uereIol,.,
mode OF paying of the Northern Inuns,,e, .r that
There is one popularity about TINS ma1,er
should be noticed Ordinarily the Comm,sso"t Chrsp, i.
,eyer secs an application until the parchH,eHt h 10
brought to him to sign 90 that his course ~ ,'
natter is the more extraordinary. I'M NEN iON'
Washington, Jan. ~. 1891