The Norfolk Virginian. [volume] (Norfolk, Va.) 186?-189?, 1897-05-16
SECURING A PATENT
The Process by Which the Inventor Keeps
the World OFF His Idea.
ILLUSTRATIONS Of BUREAUCRATIC RULE
The Commissioners OF Patents is a bsO.
lutte In His Sway, the Gonrt or
Original Jurisdiction nutt Also the
One to Which Appeals Must he
Taken-A Recent Change.
{Written for the Sunday Eirginian by
Amos j. CummingS.)


{Wrtten for the Sunday Nirgnian by
Amos j. Cummings)
Washington, d. c., May 10. 1897.
And still the crowd Of office seekers
foods the city. And still the assault on
The civil service wall of decentralization
continues. There is moro trepidation
among those who are in Office. and an
increase in indignation among those vino
are out of it. at the skirt Of the array
OF office seekers is the usual spring in
lux Of inventors. Both office seekers
and inventors are 1T the mercy in many
cases of bureau chieitainS. There seems
10 be IL tendency toward dcSpotic rule
not only in tho House, but in the de-
parlnlentS as well. Congress may pass
laws at will and the president may sign
them. but that is not the end OF it. Some
obscure corporal in legislation, quarter
ed in the Treasury Department or else
where. Will take 1t upon himself To de
clare them unconstitutional. without
waiting for the action Of the Supreme
Court
There has been 4 change in the patent
office. Resolutc John S. Seymour has
retired and genial Ben. Butterworth has
again resumed the toga. Applicants and
attorneys We're nearly al, dissatisfied
with Mr.. Seymour's administration.
They regarded him as arbitrary. If not
unreasonable. Before his incumbcncy
applicants for patents We're allowed two
years in which To complete their appli-
tons. When completed they were en-
amined in due course. If the applica ton
was rejected the inventor WAS allowed
two years in which 10 amend his case
or seek recOnSidcratinn All this was
done under an act OF Congress passed
In 1861.
Occasionally shrewd inventor or at
torney applied the law to his own ad-
vantage and the disadvantage of the
public Through tcChnicaliticS he kept
his application pending for years. But
there We're very few such cascs-not one
III hundred. Mr.. Seymour recommend
Cd to Congress that it enact legislation
which would stop such practices, by
shortening the time allowed an inventor
i'll which to complete and prosecute his
case. Congress paid no attention to the
recommendation Thcreupon Commits
sioner Seymour decided 10 apply Il RENE
dy without waiting for Congress.
EXAMINING INVENTIONS.
The applications for patents filed aver
age about y Il day. There are thirty
five principal examiners, with perhaps
200 assistants. Every examiner and cv-
cry assistant examiner has his onw
speciality. Let us take the case, saw. Of
a poor inventor living in Oregon He
makes valuable invention and desires
to obtain patent. He sends his appli-
cation With $i5 to the Commissioned Of
Patents II is referred TO the examiner
having charge Of that peculiar class of
inventions. II is his duty to reject if
If anything can be found on which TO
base Il rejection. Nearly GOO, 900 patents
have been granted in the United States
and probably moro than Z, million in the
rest Of the world. If any of these anti
Clpate the invention, the examiner must
reject the application. 1t is not nrccS-
Sary that exactly the same thing should
nave existed before for If anything sub
Staniially similar can he found The ;ip-
pliCant must so to The wall But more
than this, if anything similar has been
described in amy printed publications in
any language, anywhere In the world
or If without being used anywhere in tho
United States, the examiner should re-
ject.
The rub comes all the time unon the
degree Of similarity which will consti-
tute an anticipation OF the inventions \
tremendous responsibility, it will be
seen is thus thrown upon the examiner.
He wants TO be safe. II is both his pride
and his duty not to allow a patent TO
go out that ought 10 have been rejected
The consequence is that many examin
crs reject almost everything on the first
examination. No matter how broadly
new the invention may be. something
can always be found that is akin to 1t.
The nearest thing that can be found is
used as a basis for rejection.
The Oregon man in due time receives
and rejected. He sends 10 WASHINGTON
and gets 4 copy OF the patent upon
which the rejection Is based FIc has
been working al the thing for years.
while the examiner spent perhaps a day
on II. lfe sees Il; once that an Injustice
has been done him. With 4 SuperGc:a!
resemh lancc between his invention ana
the patent, there is 4 vital difference.
often the examiner is right In rejecting
the words of the claim filed, while the
invention shown in the drawings and
described in the specifications is novel
and valuable
SEEKING a. I2E!HEAR(NCi.
II the inventor can raise the money
10 come to Washington with his model.
and especially if he can employ a good
lawyer when he gets TO Washington
nc may readily convince the examiner
That he has n right to a patent and
that the words OF the original claim did
not accurately describe his invention.
The examiner. while strictly conscian-
tious. often sympa thizcS with the imvcn-
tor. and is willing to put himself out
OF the way to assist him. IN some eases.
seeing that the inventor is too poor 10
pay an attorney. he drafts his claim
Tor him. But at the same time It mus;
De remembered that the same examiner
who originally rejected the applica-
ton is the Judge who zehears the case.
~ T. s